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(영문) 춘천지방법원 영월지원 2018.05.01 2017고정126
보조금관리에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates the "D Library" in Gangwon-gu Seoul, and is an indirect assistant who receives an indirect subsidy from the Korean Culture and Arts Education Promotion Institute that performs the business of "E Library Connection Program (hereinafter referred to as the "E Business") with a subsidy from the Ministry of Culture and Arts."

A indirect subsidy program operator shall perform an indirect subsidy program with due care as a good manager in accordance with the purpose of granting indirect subsidies, and shall not use the indirect subsidy for any other purpose.

Nevertheless, the Defendant paid the sum of KRW 200,000,000 around June 5, 2015, KRW 2.4 million around June 12, 2015, KRW 5.2 million around July 6, 2015, and KRW 2.6 million around July 6, 2015 to the “D” account operated by himself/herself with a new bank check (F) connected with the indirect subsidy management account, and paid the said KRW 198,00 on June 198, 200 with the Defendant’s account (G), except for fees from the card company, with the said KRW 2,380,43 won on June 18, 2015, KRW 2,574,000 on July 10, 2015, and KRW 5,2330,000 on the personal debt management account at will, as the personal debt was deposited for the personal debt management account.

Accordingly, the Defendant used indirect subsidies for other purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. In case of investigation report (as to calculation of the E-Appearance)

1. A criminal investigation report (as to the reply of the details of the NongHyup account), and the submission of the Nonghyup Bank reply;

1. Investigation report (data submitted by the Korean Culture and Arts Promotion Institute, the accuser), decision on granting national subsidies, and application for submission of D libraries;

1. A written accusation;

1. A report on the settlement of accounts;

1. A copy of a bankbook;

1. Report documents on the progress of the case [the defendant and his defense counsel challengeed the fact that the defendant did not violate the Subsidy Management Act by using indirect subsidies for other purposes, and the defendant's indirect subsidies by using cards in advance at his own enterprise as stated in the facts constituting a crime.

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