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(영문) 광주지방법원 장흥지원 2017.11.23 2017고단102
보조금관리에관한법률위반등
Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

[Presumption of Facts] The Defendants are the residents of the village E in the Southern-gun, Defendant A is the head of the above village in 2012, Defendant B is the head of the development committee of the above village in 2012, Defendant C was the head of the above village in 2012, and Defendant C was the head of the Ban of the above village in 2012.

In 2012, the Defendants filed an application with the E Village as a subsidized project operator of the riparian zone(s) in E Village in 2012 and agreed to share the money with the village people.

[2] On January 1, 2012, Defendant A prepared an application for subsidy grant to Defendant A, etc. and submitted an application for subsidy grant to the victim of the Republic of Korea (the jurisdiction of the Ministry of Environment: the Ministry of Environment, the Ministry of Environment, and the Korea Environment, and the village joint project, thereby requesting the payment of subsidy.

However, as discussed earlier, the Defendants thought that the subsidies were granted and the subsidies were divided into two parts, so they did not have the intent or ability to carry out a village joint project even if they were paid subsidies.

Defendants were transferred KRW 81,893,00 to the Agricultural Cooperative Account (G) in Defendant A’s name on June 5, 2012 from the victim.

As a result, the Defendants conspired to attract the victim to receive property by deceiving him/her, and at the same time received subsidies by false application or other unlawful means.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Each police protocol concerning H, B, I, J, K, M, M, N, C, P, Q, R, T, U, V, W, X, Y, Z, AB, AC, and AD;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of documents related to subsidies and the submission of documents related to the F Basin Environment Office);

1. The Defendants of the pertinent legal provision on criminal facts: Articles 347(1) and 30 of the Criminal Act (the point of fraud), Article 40 of the Act on the Management of Subsidies, and Article 30 of the Criminal Act (the point of illegal receipt of subsidies).

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