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(영문) 춘천지방법원강릉지원 2019.05.30 2017구합30710
사회적 기업 부정수급 환수금 부과처분 취소 청구의 소
Text

1. On September 29, 2017, the Defendant imposed an amount of KRW 50,505,410 on the Plaintiff on the imposition of the amount of illegal payments for social enterprises.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation established for the purpose of supporting vulnerable groups and social contribution projects, etc., was designated as a prospective social enterprise by the Governor of Gangwon-do around February 2014, and was certified as a social enterprise by the Minister of Employment and Labor on December 28, 2015.

B. On August 2, 2017, the Plaintiff’s representative director B violated the Act on Fraud and Subsidy Management; the Plaintiff was indicted for violating the Subsidy Management Act; the Plaintiff was convicted of all of the charges by the court of first instance (Scheon District Court 2017DaMa313), and the Plaintiff and B appealed from the appellate court, and the Defendant and B were acquitted of some of the charges of violation of the Act on Fraud and Subsidy Management in the appellate court; and the Plaintiff was acquitted of some of the charges of violation of the Subsidy Management Act.

(The purport of the above judgment is that with respect to the part that “B shall obtain the subsidy of KRW 6,76,00,00, which is KRW 9680,00,00,00, by fraud or other improper means, and the Plaintiff shall be limited to the amount obtained by deducting the amount of money that the Defendants actually acquired or obtained by fraudulent means and the amount of value-added tax, with respect to the aforementioned part that “B shall obtain the subsidy of KRW 6,76,00,00 from 9.68,00,000,000,000,000,000,000,00

The summary of criminal facts resulting from the final and conclusive criminal judgment is as follows:

1. B

A. From December 5, 2014 to November 17, 2016, the act of deceiving the victim’s early city by submitting a false application for subsidies to a public official in charge of watching the number of working days of workers or falsely prepare a false application as if he/she continued to have been retired from his/her office, thereby deceiving the victim’s early city, thereby deceiving the victim’s sum of the subsidies for job creation support projects, and 31.0% of the said subsidies.

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