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(영문) 전주지방법원 2020.06.16 2020고정75
사기등
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall receive subsidies by a false application or by other unlawful means.

In Ansan-si, the Defendant conspired to receive subsidies by participating in the aforesaid program, with knowledge that the Defendant would be entitled to receive employment promotion subsidies if he/she maintains employment for at least three months after the new employment of a person who has completed the “employment success program” as publicly notified by the Minister of Employment and Labor, in Ansan-si, and that he/she would be entitled to receive employment promotion subsidies.

On April 14, 2016, the Defendant had D access to the site of the above company by the Ministry of Employment and Labor and completed education for employment success, and received employment promotion subsidies of KRW 4,50,000 won around February 15, 2017 by preparing an application for employment promotion support as if D is newly employed through the employment success program around November 2, 2016, and submitting it to the employment support center of the Ansan Employment and Labor Agency as of January 4, 2017.

Accordingly, the defendant, in collusion with D, obtained the subsidy by fraud at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes to request an investigation, the details of intellectual property to be applied for the success of employment, the review data on subsidies for success of employment, the application for subsidies for promotion of employment, the review report, and the details of transactions of entry into and departure from the Class D account;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 30 of the Criminal Act (integrated, inclusive) Article 347(1) of the Criminal Act, Article 40 Subparag. 1 of the Subsidy Management Act, and Article 30 of the Criminal Act (including the act of receiving subsidies by false);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishments imposed on a person who violates the Act on the Management of Subsidies which is heavier Than that of the said punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act.

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