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(영문) 인천지방법원부천지원 2015.04.10 2014가합8775
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 162,096,00 and Defendant A from October 20, 201 to November 25, 201.

Reasons

1. Basic facts

A. The Plaintiff selected the C Center as a support institution for disabled persons’ activities in relation to the 2009 Support Project for Disabled Persons (hereinafter “instant Project”).

B. From February 2008, Defendant A worked as the head of the general affairs team of the above center, and Defendant B, when the disabled assistants work as the head of the secretariat of the above center, they applied for activity subsidies to the Health and Welfare Development Institute entrusted by the Plaintiff and applied for activity subsidies to the Health and Welfare Development Institute entrusted by the Plaintiff.

C. The Defendants, even though an assistant DNA did not provide activity assistance to disabled E, did not belong to the Health and Welfare Development Institute as if the activity assistance was completed, and had the C Center receive activity subsidies totaling KRW 43,904,000 from February 15, 2008 to September 28, 2011.

In addition, even though the assistant F did not provide activity assistance to the disabled G, the Defendants continued to receive activity subsidies from May 6, 2008 to October 19, 201, totaling KRW 118,192,000 from May 6, 2008 to October 2468.

E. The prosecutor of the Incheon District Prosecutors’ Office prosecuted the Defendants on the grounds that they obtained the above activity subsidies (hereinafter “instant subsidies”). In a criminal trial proceeding with the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office, the said court recognized the Defendants’ fraud, etc. against Defendant A on April 27, 2012, sentenced Defendant A to imprisonment with prison labor for one year and six months, and one year and six months, and three years of suspended execution with prison labor for Defendant B, and the said judgment became final and conclusive by all dismissal of the Defendants’ appeals.

(B) The Defendants’ act described in paragraphs (c) and (d) above (hereinafter “the instant fraud”). F. relevant Acts and subordinate statutes [the former Act on Welfare of Persons with Disabilities (amended by Act No. 10426, Jan. 4, 201; hereinafter “former Act on Welfare of Persons with Disabilities”).

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