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(영문) 창원지방법원 2016.11.30 2016고단3204

사기등

Text

Defendant

A A The fine of KRW 7 million shall be imposed on Defendant B with a fine of KRW 3 million, and Defendant C Agricultural Partnership shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

Defendant A is the representative of CF, who is engaged in research fee-making business in Kimhae-si, and Defendant B is a person who operates the business of selling agricultural machinery in Scheon-si F.

Basic Facts

In order to reduce production costs, etc. through the mechanization and collectiveization of research fees production since 2008, the victim Kimhae-si promoted the "support program for early feed management equipment" that provides support for the purchase cost of production equipment (such as wood, dried, etc. with high textile content, and low energy content). At the request of manufacturers' organizations, such as agricultural partnership corporations, the target is selected at the request of the subsidized business operator, and the above target is executed at 50% out of the total project cost and submitted an application for subsidy along with relevant documentary evidence, the victim shall be paid the remainder (50%) of the project cost, excluding the self-paid subsidy.

Criminal facts

1. Defendant A and B’s fraud, and Defendant A in violation of the Subsidy Management Act submitted an application to the effect that the Defendant would carry out a project to support the management body equipment in the name of the CF corporation, the representative of the Defendant at the time of the victim Kim Jong-hae on April 2015, and was selected as a subsidized project operator around May 7, 2012.

Defendant

A, after being selected as a business entity and then acquired subsidies by reporting the price of the equipment and receiving the difference in the process of purchasing the equipment, A entered into an agreement with Defendant B to make a false statement of the purchase price of equipment transacteding with the purchase price of KRW 8,50,000 as if he purchased KRW 48,50,000,000 from Defendant B, even though he purchased two equipment, such as raping equipment from Defendant B, in spite of the purchase price of KRW 39,50,000,000, the price of the equipment traded with the purchase price of KRW 8,50,000,000, and then the difference that CF remitted to Defendant B is to be refunded with the equipment equivalent to the same amount.

Defendant

A shall be a public official in charge of victim Kim Jong-si around May 14, 2015.