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(영문) 창원지방법원 거창지원 2017.01.11 2016고단409
보조금관리에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, with the knowledge of the fact that subsidies are granted from the victim Korea Forest Service, Gyeongnam-do, and Gyeong Chang-gun when they meet certain requirements and are selected as business operators by supporting the production complex development project of forestry in 2015, the Defendants, upon the recognition that they failed to meet the requirements for designation as business operators, made false financial transaction data in the previous year as if they were capable of overcoming the results of business performance or bear self-paid charges even though they failed to meet the requirements for designation as business operators, and applied for subsidies

The Defendants prepared an application for a public project for forest income in the name of Defendant B selected as a forestry successor in early September 2014 according to the foregoing mother, and entered “200 million won” in the budget size column, and attached a certificate of account balance in the name of Defendant B deposited in KRW 200 million, and submitted a certificate of account balance in the previous year, along with a statement of project status stating the purport that there was approximately KRW 272 million sales through forest crops production projects.

However, it was deposited in the account under Defendant B’s name.

200 million won was borrowed from D or E, which was around September 1, 2014, and was immediately returned to the above-mentioned branch on September 2, 2014, following the issuance of a balance certificate, and the sales through the previous year’s business are merely about KRW 40 million and was inappropriate to be selected as a business operator.

Nevertheless, the Defendants stated the purport of “a request to grant subsidies equivalent to KRW 300,000,000 to the Sin Chang-gun Office on August 27, 2015 after they were selected as a business operator around October 27, 2014, by taking excellent results, such as obtaining 10 points out of the full score in the appropriateness of raising funds, based on the aforementioned written application prepared in a false manner.”

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