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(영문) 대전지방법원 홍성지원 2016.09.12 2016고단455
보조금관리에관한법률위반등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who has been in charge of the management of subsidies granted to the said corporation as the president of H fishery partnership corporation’s representative interest H in Boan-si from around 2003 to June 2015, and Defendant B is the representative of J, who has been awarded a contract for the construction of defrying construction from the said partnership corporation.

1. Defendant A

A. On December 29, 2011, in order for a person to be selected as a subsidy program operator, he/she must have the ability to bear the portion exceeding the subsidies (hereinafter “self-charges”) out of the total construction cost. In order for a subsidy program operator to actually receive a subsidy, he/she must submit documentary evidence, such as a tax invoice, after conducting construction before receiving the subsidy.

In early 2010, Boan City established a plan for the payment of K’s subsidies, and around September 201, the H community to which the Defendant belongs is selected as a subsidized project operator. On the condition that the above community has a total of KRW 10,000,000 among the total project cost of KRW 100,000,000, it decided to provide the above community with subsidies of KRW 90,000 (the national subsidy of KRW 50,000, 12,000,000, Si subsidy of KRW 12,000,000, Si subsidy of KRW 28,000). In relation to the above project, the Defendant submitted a plan for the project to contribute to the increase of fishermen’s income and the increase of fishermen’s income through the above partnership corporation.

However, as the Defendant lacks the ability to bear self-charges, it pretends that it has deposited money from another person to the account opened in the name of the said partnership juristic person and has prepared all self-charges (the so-called “the most payment”) and the payment details, such as construction cost, etc., were distorted by drawing up a false statement of accounts and submitting it as evidentiary materials.

The Defendant was aware of his knowledge about October 5, 201.

L.

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