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(영문) 춘천지방법원 강릉지원 2013.09.25 2013고단332
보조금관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2012, the Defendant applied for the payment of the remuneration for traditional Esulphy and the grant of the subsidy for the improvement of the surrounding areas in relation to the project promoted at the third village as the chairperson (C head of the Tong) of the promotion committee for the development of the rural village in March 16, 2012, and received 20 million won as a subsidy from the third village in the name of the Defendant from July 19, 2012 to the post office deposit account (D) in the name of the Defendant.

around 23:00 on October 31, 2012, the Defendant used subsidies of KRW 1,2510,000 in total from July 20, 2012 to January 4, 2013, including the consumption of KRW 2.30,000 among the above subsidies for entertainment expenses, not for the specified purpose.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Copy of the statement made to H by the police;

1. Application of Acts and subordinate statutes to a charge, a notice of the granting of subsidies for an additional project for the creation of a 2012 cambling village, a statement of business trip, a letter of urging the settlement of a project for the creation of a friendly village in 2012, a letter of undertaking, minutes of a community assembly meeting, an application for granting a subsidy for the creation of a cambling village in 2012, a report on investigation (Attachment of a statement of financial transactions), an investigation report (calculated amount);

1. Article 41 of the relevant Act on the Conduct of Criminal Crimes and Articles 22 (1) of the Act on the Management of Subsidies for the Optional of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the remaining sentence);

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order, etc. (the scope of the defendant's liability to compensate has not been clear and the defendant returned part of the useful amount to the relevant business operator). The reason for sentencing is that the defendant received the instant subsidy for the residents' accommodation business from the Samsi-si in the position of the head of Tong C, and uses it for personal purposes, and the damage therefrom is ultimately C.

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