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(영문) 청주지방법원 충주지원 2014.05.02 2014고단106

보조금관리에관한법률위반등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 5 million won, respectively.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates a wood pellets manufacturer, “F,” from Pocheon City E, and Defendant B is a person who has worked as a director in charge of business in the aforesaid “F.”

The victim voice group decided to provide subsidies from 60% of the heating unit price (the national expenditure 30%, local expenditure 30%) to farmers selected as a subsidized project operator of the "Tpelpellets project in 2013". In order to be selected as a subsidized project operator and receive subsidies, the part exceeding 60% of the subsidy rate must be borne by the victim voice group. Nevertheless, the Defendants conspired with the above subsidized project operator of the "Tpelpelpelpelpel project in 2013" and agreed not to receive self-charge by entering into a contract for installation of a hot wind individually with G and nine persons, who are farmers selected as a subsidized project operator of the "Tpelpelpel project". However, in order to create the basis for the payment of self-charge to receive subsidies, the Defendants agreed not to receive self-charge by using the third party's account number after keeping it in advance to the account.

In June 2013, the fact at the voice-gun Office located in 173, the sum of subsidies (indirect subsidies 11,70,000,000) shall be received from the victim on June 21, 2013 and shall be obtained from the victim on fraud or other unlawful means, including receiving KRW 23,40,000 as subsidies, and receiving KRW 183,078,000,000 in total of subsidies (indirect subsidies) shall be obtained from the victim on the following grounds: (a) the above G shall be transferred to the H account designated by the above G to the H account; (b) the above G shall be deposited into the I account in the name of the wife of the above Defendant A; (c) the above G shall be charged with the said G upon delegation by the above G; and (d) the said G shall be charged with the said G by submitting the application for subsidies to the relevant employee on his name with the certificate of deposit in the passbook, etc.; and (e) shall also receive it by fraud.