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(영문) 울산지방법원 2011.09.28 2011고단595
보조금의예산및관리에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is discovered by drinking driving and the defendant from January 3, 2007 to the same year.

2. Since the driver's license was suspended until 21.20, the defendant could not drive B8 tons of cargo owned by the defendant during the above period. Thus, the defendant did not request a fuel subsidy for the main and limited oil during the above period.

Nevertheless, the defendant from January 3, 2007 to the same year as the list of crimes in the North-gu Office of Ulsan-gu, Ulsan Metropolitan City on March 16, 2007.

2. By the end of 21.21. Application for oil subsidies of 1,186,230 won to the motor vehicle of the defendant for oil with limited liability for the same year;

5.7. It was delivered 1,186,230 by the North-gu Office of Ulsan Metropolitan City to the defendant's Daegu Bank passbook.

As a result, the Defendant received subsidies by false application or other unlawful means.

2. Reference in Article 40 of the Act on the Budgeting and Management of Subsidies to mean the affirmative and passive act that may affect the decision-making on the grant of subsidies, such as deceptive scheme, although it is not possible to receive subsidies under the same Act through normal procedures.

In addition, Article 40 of the Act on the Budgeting and Management of Subsidies applies to cases where subsidies, etc. are actually received, and unlike the fact that there is no provision for the attempts under the same Act, and Article 42 of the same Act provides a separate penal provision for the violation of the administrative procedures of individual subsidies. The purpose of the Act is to punish the violation of the State's financial interest as the legal interest protected by the law and to punish the violation of the order or fairness of the administration of subsidies, or to punish the violation of the administrative procedures of subsidies itself, so the subsidy is not granted in an abstract manner.

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