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(영문) 부산지방법원 2016.06.24 2016고정782
보조금관리에관한법률위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 18, 2013, the Defendant received indirect subsidies from the representative of an incorporated association C, which was designated as a prospective social enterprise in Busan City, and from October 1, 2014, the personnel expenses of employees employed in C from the Busan Jin-gu Office, from around October 1, 2014, according to the social enterprise promotion project, which is a project subsidized by the State.

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

Nevertheless, on October 8, 2015, the Defendant: (a) had the intent to receive indirect subsidies from C offices located on the fourth floor of the D Building in Busan High-gu, Busan High-gu; (b) had the intent to receive indirect subsidies from C on September 31, 2015; and (c) had already retired E on September 2015; (b) had the “Work Card” prepared in the name of E to the Busan High-gu Office; and (c) had applied for indirect subsidies from the Busan High-gu Office on September 8, 2015, when submitting it to the Busan High-gu Office; and (d) received indirect subsidies from E to the corporate account from the Busan High-gu Office on September 2015.

As a result, the Defendant received indirect subsidies by false application.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A statement prepared in F;

1. A list of workers, and the calculation of retirement allowances (E) September 2015;

1. Workers' attendance card for September;

1. Details of applications for subsidies by worker;

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (revision of the amount of gold and hearing statements of public officials);

1. Article 40 of the Act on the Management of Subsidies and Subsidies for Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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