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(영문) 전주지방법원 군산지원 2018.07.06 2018고단305
보조금관리에관한법률위반등
Text

Defendant shall be punished by a fine of four million won.

Where the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is the president of the C Music Research Institute in the following cities:

No person shall receive subsidies by false application or other unlawful means, and the term "subsidies for promotion of employment" is a subsidy granted to an employer who employs the unemployed who has completed the employment assistance program by the Minister of Labor, and the amount of the subsidy is determined in proportion to the benefits actually paid to the relevant employee, and the employer shall apply for the subsidy by accurately stating the benefits actually paid.

Nevertheless, on December 2, 2016, the Defendant prepared an application for employment promotion support as if he paid monthly salary of about 1.5 million won each month to D, E, and F, who is the teacher of the above private teaching institute, and submitted it to the Korea Employment Agency of Gwangju Regional Labor Office as if he paid monthly salary of about 1.5 million won each month, and received a total of KRW 27,00,000 from around January 4, 2017 to September 18, 2017, and received a subsidy of KRW 6,750,000 as a subsidy for employment promotion as stated in the attached list of crimes.

Accordingly, the defendant was provided with the subsidy by deceiving the victim of the Republic of Korea, and at the same time by false application or other unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to applications for subsidies for promotion of employment;

1. Article 40(1) of the Act on the Management of Subsidies for Assistance to the Criminal Act (the illegal receipt of subsidies) and Article 347(1) of the Criminal Act (the fraudulent point);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are all recognized and reflected, and the subsidy obtained by unlawful means is KRW 27 million.

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