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(영문) 광주지방법원 2019.03.21 2017구합11961
보조금교부결정취소처분취소 등
Text

1. On April 13, 2017, the Defendant issued a disposition to revoke the decision to grant subsidies and to order the return of subsidies against the Plaintiffs.

Reasons

1. Details of the disposition;

A. From 2007, the Defendant implemented C development projects to provide subsidies for the purpose of improving the living environment of mountain villages, creating income-based and mountain villages as the base for ecologically pleasant and scenic lives.

B. D Promotion Committee (hereinafter “instant Promotion Committee”) was selected as a subsidized project operator of the said C Development Project around 2008, and received total project cost of KRW 1,679,440,000 from around 2010 to around 2014, and conducted a development project for cultural marina, a cultural center construction project, and a joint workplace construction project.

C. From August 201 to February 2014, Plaintiff A led the head of the instant promotion committee’s office from August 201 to February 2014 to apply for and implement subsidies related to landscaping trees. Plaintiff B led Plaintiff A to the project related to landscaping trees.

The instant promotion committee filed an application with the Defendant for the grant of subsidies for landscaping planting projects (hereinafter “the instant subsidized projects”), and the Defendant issued a decision to grant subsidies to the Defendant, and paid KRW 190,000,000 (hereinafter “instant subsidies”) on June 12, 2012.

E. On February 23, 2016, the Plaintiffs were convicted of the facts charged that the Plaintiff conspireds to submit false tax invoices while submitting the instant subsidized project and the instant subsidized project plan, and received the amount of national subsidies out of the said subsidies by false application. On February 23, 2016, the Gwangju District Court rendered a judgment of conviction in the instant subsidized project and the said judgment became final and conclusive around that time.

F. On April 13, 2017, the Defendant issued an order to revoke the decision to grant subsidies and to return subsidies as indicated below [Attachment] pursuant to Articles 30 and 33 of the Subsidy Management Act (hereinafter “Subsidy Act”).

(2) each of the above dispositions.

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