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(영문) 창원지방법원 진주지원 2017.10.25 2017고단187

사기등

Text

Defendant

A The defendant B shall be punished by a fine of KRW 3,00,000,00, respectively, for four months of imprisonment.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the farming association corporation B.

On May 2013, the Defendant conspiredd to make a false report on the purchase price of agricultural machinery, as if the Defendant purchased KRW 13,480,000 with F and the above sale price at KRW 73,30,000, even though the Defendant purchased KRW 59,820,00 in original form from F, an operator of “E”.

Around May 1, 2013, the Defendant submitted a false request for a subsidy to the public official in charge of the victimHadong-gun (“E purchased one unit of the agricultural machinery in the original form at KRW 73,300,000, and paid KRW 43,980,000 to him/her normally,” and the Defendant received KRW 29,320,000 (G) from the public official in charge of the Administration to the Agricultural Account (G) in the name of F on July 1, 2013.

As a result, the Defendant, in collusion with F, defrauded the victim of KRW 29,320,00 by deceiving the victim, received the National Treasury subsidy of KRW 7,300,00 by false application or other unlawful means, and received KRW 104,640,000 from around that time to April 24, 2014 in total three times in the following manner as shown in the list of crimes in the attached Table, and received KRW 26,130,00 from the National Treasury subsidies by fraud or other improper means.

2. Defendant B, the representative director of the Defendant’s agricultural partnership Defendant B, received subsidies with respect to the Defendant’s business by filing a false application or by other unlawful means as described in paragraph (1).

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of the witness H, I, and F;

1. Application of the Acts and subordinate statutes governing the issuance of J subsidies;

1. Defendant A of the pertinent Article of the Act on the Management of Subsidies: Article 347(1) of the Criminal Act and Article 40 Subparag. 1 of the Act on the Management of Subsidies (the receipt of subsidies by improper means) Defendant B: Subparagraph 1 of Article 40 of the Act on the Management of Subsidies (the receipt of subsidies by improper means);

1. The defendant.