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(영문) 광주지방법원 순천지원 2017.02.01 2016고단1967

사기

Text

[Defendant A and B] Defendants shall be punished by imprisonment for six months.

However, the Defendants are two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B is the chairperson of the G Federation (hereinafter referred to as the “Association”) around 2011; Defendant A is a person in charge of the budget execution and settlement of “I” organized by the said Federation as the director-general of H broadcasting station; Defendant C is a sound business operator.

On April 14, 2011, the Federation attached a plan to use 9.9 million won for the sound and image rent to Defendant C at the net viewing in the Ycheon-si, the Federation applied for subsidies of KRW 45 million for the said festival on condition that 14 percent of the budget is self-paid and used. On April 20, 2011, the Federation was granted subsidies of KRW 45 million to Defendant B’s account in the name of Defendant B.

However, in fact, the Federation did not have established a certain budget because it was not a regular organization, and accordingly, there was no room to prepare self-charges for the said festival. Accordingly, as if the subsidies were paid to Defendant C after entering into a contract as if they were to pay a sound rent of KRW 9.9 million with the sound rent, the Federation, which received the subsidies, immediately refunded KRW 8 million from Defendant C, and promised to use them as a financial resource for the person’s charges

4. Upon receipt of the remittance of KRW 9.9 million on 26.2, Defendant C returned KRW 8 million in total by withdrawing and delivering KRW 6 million to A, or remitting KRW 2 million to the account designated by Defendant A, and A used this money as its own shares.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

The Defendants’ legal statement J, K’s statement of deposit transactions, report on the settlement of subsidies from the private sector, results of the implementation of the subsidized project and the settlement of accounts, revenue resolution, revenue resolution, tax invoice, copy of the head of the Tong, subsidy request, subsidy grant application, and the application of the Act and subordinate statutes on the grant of subsidies.

1. Article 347(1) and Article 30 of the Criminal Act (Defendant A and B) shall be punished by imprisonment with prison labor for the relevant criminal facts and for the choice of punishment.