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Violation of the Subsidy Act
Violation of the Subsidy ActAcquittal

Subsidy Act Violation Defense Case | Acquittal of a Client Charged With Violating the Subsidy Act

This is a case in which a client indicted on charges of violating the Subsidy Act ultimately received a judgment of acquittal and concluded the case through the strategic response of an attorney specializing in corporate matters.

1. Violation of the Subsidy Act: A Client Who Requested Assistance

A Daeryun corporate-law attorney case involving a violation of the Subsidy Act

The client, who had become the subject of an investigation on suspicion of violating the Subsidy Act, requested the assistance of a corporate-law attorney in order to demonstrate the actual investment made and compliance with the relevant statutes.

How the Dispute Arose

The client, who was preparing to relocate to a provincial region, entered into an agreement with a local government and sought to use the government's regional investment promotion subsidy program.

However, even though the relocation and investment were actually carried out, certain documents submitted during the subsidy application process became an issue, and an allegation of false entry was raised.

On the ground that the company had applied for the subsidy as if the relocation had been fully completed even though it had not relocated all of its facilities, the investigative authorities applied charges of fraud and violation of the Subsidy Act against the representative director and an executive.

From the client's standpoint, although the subsidy application procedure had been carried out in accordance with the statutes in effect at the time and the actual investment was likewise being made, the client faced the dual crisis of criminal punishment and recovery of the subsidy.

Accordingly, in order to set right this unjust situation, the client came to a corporate-law attorney and requested assistance.

2. Statutes Related to Violation of the Subsidy Act

If a person applies for a subsidy by false means or receives a subsidy granted or paid by an unlawful method, the person is subject to the following punishment under Article 40 of the Subsidy Management Act.

▸ Article 40 of the Subsidy Act

Level of Punishment

Imprisonment for not more than 10 years or a fine not exceeding 100 million won

In addition, the client was also charged with a violation of the Act on Aggravated Punishment of Specific Economic Crimes (fraud).

Under this provision, if the amount obtained through the fraudulent act exceeds a certain sum, the offender is subject to aggravated punishment.

The level of punishment according to the amount is as follows.

▸ Article 3 of the Act on Aggravated Punishment of Specific Economic Crimes

Amount obtained of 5 billion won or more

Life imprisonment or imprisonment for at least 5 years

Amount obtained of 500 million won or more

but less than 5 billion won

Imprisonment for a definite term of at least 3 years

Grounds for Recovery of a Subsidy

Article 33 of the Subsidy Act provides for the recovery of subsidies that have not been properly executed or that have been paid by an unlawful method.

The grounds for recovery of a subsidy are as follows.

• Where the subsidy was received by false or unlawful means
• Where the subsidy was used for a purpose other than that for which it was granted
• Where the requirements for granting the subsidy were not satisfied

Where any of the above grounds arises, the competent central agency or the subsidy program operator may set a deadline and order the return of the subsidy together with the interest accrued, and where necessary, may also take measures such as restricting payment or extending the return deadline.

3. Assistance Provided for the Defense Against the Violation of the Subsidy Act

The principal issues in the client's case were whether the documents submitted during the subsidy application process had been falsely entered, and whether there was a causal relationship between the decision to grant the subsidy and any act of deception.

Focusing on these issues, the corporate-law attorney provided the following assistance through statutory review, verification of the facts, and a legal defense strategy.

Review of the Statutes and the Program

The corporate attorney closely analyzed the statutes underlying the subsidy program and the related public notices.

The attorney demonstrated that the documents that had become an issue in the application procedure at the time were not mandatory submission documents and did not have a direct effect on the decision to grant the subsidy.

On this basis, the attorney emphasized that the prosecution's assertion of an act of deception needed to be reexamined.

Verification of the Facts and Collection of Evidence

The attorney systematically verified and documented the actual progress of the client company's investment and its relocation record.

Through this, the attorney emphasized the fact that, even though some documents were incomplete or there was a time lag, the application was not a false one.

In addition, by establishing in detail the process of submitting documents to the relevant authorities and the company's compliance with internal procedures, the attorney highlighted the company's good faith and lawful conduct.

Construction of the Legal Defense Argument

The attorney logically refuted the structure of ‘act of deception → disposition of the subsidy’ asserted by the prosecution.

The attorney emphasized that the granting of a subsidy does not depend simply on whether construction has commenced, but is a decision that comprehensively takes into account the company's scale of investment, its relocation plan, and policy considerations.

Through this, the attorney argued that no legal causal relationship was established.

4. Result of the Violation of the Subsidy Act Case: “Acquittal”

The court accepted the corporate-law attorney's arguments and rendered an acquittal on the client's charges of violation of the Act on Aggravated Punishment of Specific Economic Crimes (fraud) and violation of the Subsidy Act.

As a result, the client was able to avoid the crisis of criminal punishment and recovery of the subsidy.

If a Subsidy Dispute Has Arisen

Daeryun's Assistance Outcome for a Client in a Subsidy Act Violation Case

In subsidy projects, statutes and public notices are frequently amended and the interpretive standards are ambiguous, so even companies that have followed the proper procedures often become subjects of investigation.

In such situations, a failure to obtain the assistance of an expert with extensive knowledge in the relevant field may lead to unwarranted criminal punishment and financial loss.

Drawing on extensive experience in corporate criminal matters, including subsidy cases, our firm protects clients' rights and interests through precise analysis and proof of the facts.

In addition, depending on the circumstances, we form a task force with experts from each field to provide comprehensive assistance.

If a subsidy-related dispute arises, we encourage you to prepare a tailored response strategy through a 🔗Legal Consultation Appointment.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney Kuk Il KIM

Kuk Il KIM

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Experience as chief prosecutor of Seoul Central District Prosecutors' Office and head of Goyang Branch of Uijeongbu District Prosecutors' Office

Attorney HanSik CHOI

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Attorney with experience as an executive at a large corporation

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Experience at the Fair Trade Commission, experience as a partner attorney at Gwangjang Law Firm

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