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(영문) 전주지방법원 2017.03.23 2016고단1938

사기등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a farmer selected as a subsidized project operator from Kim Jong-si in relation to the efficient use of energy for facilities promoted by the Ministry of Agriculture and Forestry and the Livestock Industry Council, and the defendant B is the operator of the above subsidized project who entered into a construction contract with the above A and established E in relation to the above subsidized project.

The project for the efficient use of energy of the above facilities shall be selected as a subsidized project operator for the purpose of saving energy used in the original facilities, and part of the total project cost shall be paid to the State or local government as a subsidy, and the remainder shall be naturally borne by the subsidized project operator to implement the project.

Although the Defendants knew that the subsidized project operator ought to bear part of the project cost as above, they pretended to bear the subsidized project operator’s own share, and attempted to receive the excessive subsidy from the State and the relevant local government and to cover part of the subsidy.

On December 9, 2014, the Defendants entered into a contract for the construction of E equivalent to KRW 39,600,000 (the State subsidy of KRW 11,880,000, the local subsidy of KRW 11,880,000, the local subsidy of KRW 15,840,000, and the self-paid charge of KRW 15,840,000) with the facility staff of the Defendant A, which is located in Kim Jong-siF, for the purpose of disguiseding that the Defendants paid self-paid charges even though the Defendants agreed not to bear the self-paid charges under the above contract, Defendant A received KRW 15,840,000 from Defendant B in cash on the same day.

After January 2015, the Defendants submitted a written request for subsidy that contains a written deposit confirmation, etc. as if Defendant A actually assumed the self-paid charges at the time of the victim Kim Jong-gu.

The Defendants conspired to induce the victim, thereby deceiving him.