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(영문) 청주지방법원 2016.08.25 2015노1094

사기등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The representative and the general secretary of G farming corporation, Defendant B, and C, promoted the support project for the installation of double-peache processing plants and manufacturing facilities, and was estimated by Defendant A, the representative of H, that the construction cost for the production of double-peache processing facilities (including value added tax) and construction work will be spent at KRW 375,650,00 (including value added tax).

Accordingly, Defendant B and C submitted a plan for the business with the total project cost of KRW 375,650,000 (i.e., subsidies of KRW 252,00,000 (=subsidies of KRW 123,650,000) to the voice group, and approved it, which was selected as a subsidized project operator of the instant project.

2) However, in order to promote the above project properly, Defendant B and C came to know the fact that not only the processing plant and manufacturing facilities but also the packing facilities are essential. Accordingly, Defendant A agreed to be supplied with packaging facilities equivalent to the reduced construction cost instead of reducing the construction cost of the processing plant and manufacturing facilities. Accordingly, Defendant B and C was granted subsidies of KRW 252,00,000 after completing construction work.

3) As a matter of course, the packaging facilities supplied by Defendant A are essential for the above business and are naturally included in the subsidized business. However, even if G farming corporations filed an application for modification of the business plan to reduce the construction cost of the processed factory and manufacturing facilities and add the expenses necessary for packing facilities, the voice group approved the application. Thus, aside from the fact that Defendant B and C did not submit a modified plan to add packaging facilities to the voice group, the Defendants conspired to obtain subsidies by fraud and receive subsidies by unjust means as stated in the facts charged in the instant case.

shall not be deemed to exist.

Therefore, we find the Defendants guilty of all the charges of this case.