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(영문) 수원지방법원 2017.05.26 2016노8099
사기등
Text

All the judgment below against the Defendants is reversed.

Defendants shall be punished by a fine of two million won.

Reasons

1. The summary of the grounds for appeal (the prosecutor of the misunderstanding of the legal principles and mistake of the facts in the appellate brief and the pleading clearly states the misunderstanding of the facts, but the prosecutor recommends that the misunderstanding of the facts and the misunderstanding of the legal principles in light of the purport of the argument.)

If a subsidy is granted by a false application or by other unlawful means, a violation of the Subsidy Management Act is established, and the perpetrator does not need to recognize the main body of the subsidy.

In addition, the Defendants did not recognize that each of the Defendants was entitled to the State subsidy of KRW 165 million from the Korea Electric Power Corporation.

Even if the defendants were to have been aware of the fact that T. U.S. received the state subsidy, it is reasonable to view that the defendants also assume the same responsibility in accordance with the legal principles of the joint principal offender of the public offering.

Nevertheless, the judgment of the court below which acquitted the Defendants of the violation of the Act on the Management of Subsidies on the ground that the Defendants did not know that they were the State subsidies, was erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Article 2 subparag. 1 of the Act on the Management of Subsidies provides that “The term “subsidies” means subsidies (limited to subsidies granted to local governments and those granted to facilities funds or operation funds of corporations or individuals under international treaties) granted by the State (including persons managing and operating funds established under the Acts set out in the attached Table 2 of the State’s Financial Act) for the purpose of creating such subsidies or providing financial assistance with respect to affairs or projects conducted by persons other than the State, as prescribed by the Presidential Decree.” Thus, this Act is subject to the application of the said Act.

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