The defendant shall be innocent.

Some of the facts charged were corrected.

The Defendant is a business operator operating D’s business located in Busan Jung-gu C.

A subsidy program operator subject to the grant of a subsidy which is granted by the State for the purpose of creating, or providing financial assistance to, affairs or projects implemented by any person other than the State shall faithfully perform the subsidy program with due care as a good manager in accordance with statutes, the details of the decision to grant the subsidy, or the disposition taken by the head of a central government agency pursuant to statutes, and shall not use

Nevertheless, around December 18, 2013, the Defendant applied for a subsidy of KRW 2,00,000 paid by the head of Jung-gu, Busan (i.e., 1,454,000) to the head of the Gu, Jung-gu, Busan (i.e., : 1,454,000) for a subsidy for the project to replace the lavatic view of the old age, and used the subsidy of KRW 2,00,00 for a signboard manufacturer for the implementation of the subsidized project (the number of Co., Ltd.) for a personal purpose that is not related to the subsidized project.

Judgment

1. Article 41 of the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016; hereinafter “former Subsidy Act”) provides that a person who uses subsidies or indirect subsidies for other purposes in violation of Article 22 of the former Subsidy Management Act shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.

In this regard, Article 2 subparagraph 1 of the former Subsidy Act provides subsidies (limited to subsidies granted to local governments and granted out of funds for facilities or operation of corporations, organizations or individuals) granted by the State (including those who manage and operate funds established pursuant to the Acts specified in attached Table 2 of the State Finance Act) to create or provide financial assistance with respect to affairs or projects conducted by persons other than the State, and charges (excluding charges under international treaties) and other corresponding consideration.