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(영문) 광주지방법원 2015.10.16 2015고정1243
보조금관리에관한법률위반등
Text

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

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative director of the social company D’s trade name, is a person in charge of the management, execution, etc. of national subsidies granted to G. Around April 2014, the Defendant received a total of 29,50,000 won of subsidies (20,650,000 won for national expenses, Si expenses, 8,50,000) from the Ministry of Employment and Labor under the pretext of “F” (20,650,000 won for national expenses, Si expenses, 8,50,000) from D offices located in Seo-gu, Seo-gu, Gwangju, Gwangju, and prepared a false rental contract as if he leased disinfection equipment from H in the operation of G around October 2014, and paid 8,234,070 won out of the above subsidies (5,763,850 won for national expenses, Si expenses, 2,470,20 won) to G to issue a false tax invoice, and then received the above subsidies from G and arbitrarily used them for another purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with regard to I;

1. Application of the Acts and subordinate statutes to the statement of the police interrogation protocol concerning G;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of occupational embezzlement as indicated in the judgment: Articles 356 and 355 (1) of the Criminal Act;

(b) Use of subsidies for other purposes indicated in its holding: Articles 41 and 22 of the Subsidy Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

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