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(영문) 제주지방법원 2015.11.25 2014고단1800

사기등

Text

Defendant

A Imprisonment for two years, Defendant B’s imprisonment for eight months, and Defendant C’s agricultural partnership for a fine of KRW 10,000,000, respectively.

Reasons

Punishment of the crime

"2014 Highest 1800"

1. From December 6, 2013 to December 6, 2013, Defendant A and Defendant B are currently serving as the representative director of C Agricultural Partnership in Seopo City G, and Defendant B is serving as the representative director of D Co., Ltd. (hereinafter “D”).

C The farming association was selected as a subsidized project operator of H Food Industry Promotion Project (the total project cost of KRW 1.40 million, subsidies of KRW 1.50 million, and KRW 3.50 million, which was administered by Jeju Special Self-Governing Province (hereinafter referred to as "the subsidized project") on June 11, 2013, and C C awarded a contract for construction of H Food Production Facilities (construction) required for the subsidized project on August 19, 2013 to work cost of KRW 1,090,680,000.

This case’s subsidized project sets out “the advance disbursement of KRW 350,000,000 as a condition for granting subsidies.” Defendant A and B, around November 201, pretended to have paid KRW 200,000,000,000, out of KRW 3550,000,000, without any disbursement of KRW 200,000,000,000,000.

Accordingly, on November 15, 2013, Defendant B deposited KRW 200,000 in C’s subsidy exclusive account (I) in the bank account of a company bank in D (State). Defendant A re-deposited KRW 200,000 to the said deposit account in the name of D (State) on the same day, and on November 19, 2013, Defendant A submitted to K a public official in charge of the instant subsidized project of Jeju Special Self-Governing Province a copy of the passbook and two copies of the non-depositless loan account indicating the payment amount of KRW 200,000,000 to the public official in charge of the said subsidized project of Jeju Special Self-Governing Province, and the C Agricultural Association pretended to incur KRW 20,000,000 as construction expenses related to the said subsidized project on November 15, 2013.

As above, as if the Defendants conspired to act as if C were to have paid KRW 200,000,000 for the principal project cost, the Defendants pretended to have paid KRW 1,03,568,90 from the public official in charge of the Jeju Special Self-Governing Province Administration as the total amount of KRW 1,03,568,90.