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(영문) 창원지방법원 2018.05.23 2017구합50254
보조금교부결정취소처분 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In around 2012, when the Defendant established a fishery product processing facility, the Defendant carried out the business of granting subsidies (hereinafter “instant business”) in accordance with the Subsidy Management Act (hereinafter “Subsidy Act”).

According to the contents of the instant project, approximately 60% of the construction cost is paid as subsidies and approximately 40% of the remainder is required to be paid as self-paid.

B. Accordingly, the Plaintiff, who was engaged in the production and sales business of fishery products under the trade name “B,” was to establish a manufacturing factory of the processed Kim Processed Food (hereinafter “instant factory”) by participating in the instant business.

C. However, even though the actual construction cost for the establishment of the factory of this case was KRW 718,350,000, the Plaintiff applied for the grant of subsidies according to the instant project to the Defendant by falsely stating the construction cost for the establishment of the factory of this case at KRW 1,105,00,000, around May 2012.

On May 10, 2012, upon the above application, the Defendant rendered a decision to grant subsidies of KRW 600,000,000 to the Plaintiff for the establishment of the instant factory (hereinafter “decision to grant subsidies”). At that time, the Defendant paid all the amount to the Plaintiff around that time.

E. Since then, the Plaintiff was found to have filed an application for subsidies by making up the construction cost of the instant factory as above, and the Plaintiff was sentenced to a stay of execution for three years on the ground of the criminal fact that the Plaintiff acquired a subsidy of KRW 600,000 from the Defendant by fraud.

(C) Article 30(1)3 of the Subsidy Act and Article 31(1)1 of the Subsidy Act (amended by Presidential Decree No. 20135, Nov. 7, 2016; Presidential Decree No. 20148, Nov. 7, 2016; Presidential Decree No. 2010, Oct. 28, 2016; Presidential Decree No. 2010, Nov. 1, 2016; Presidential Decree No. 20135, Nov. 7, 2016).

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