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(영문) 대전지방법원 2020.11.12 2020고단2063

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for a year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of B corporation established for the purpose of education business and consulting business.

Even if the Defendant received the project cost (business period: from April 19 to December 31, 2019) from Jeju Special Self-Governing Province, the Defendant was to use it as operating expenses, etc. of B corporation, such as office deposits and security deposits, without intent to use it in line with the business purpose or use.

Nevertheless, on April 19, 2019, the Defendant entered into an agreement on consignment with the Jeju Special Self-Governing Province pursuant to the Act on Contracts to Which a Local Government Is a Party and the Ordinance on Entrustment of Affairs of Jeju Special Self-Governing Province, at the center of Jeju Special Self-Governing Province as of April 19, 2019, the Defendant submitted to the public official in charge an application for the grant of private consignment payments to the public official in charge and a business plan for the grant of private consignment payments to the public official in charge of the business of regular employment support for private enterprises (from April 19 to December 31, 2019 for each business period).

5. Around 15.15. Around the project cost related to a “professional consultant employment assistance program” was granted to a new bank account (C) in the name of 100 million won, and 100 million won in the project cost related to a “regular employment support for private enterprises” in the name of B (C).

As a result, the defendant acquired 200 million won of the project cost to the private sector and received 200 million won of the local subsidy by fraud or

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. A written request for investigation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act, Article 97 (1) of the Local Finance Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;