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(영문) 창원지방법원 2018.01.10 2017고단3504

사기등

Text

Defendant

A and B shall be punished by a fine of KRW 3 million for four months, and the defendant C Agricultural Partnership Corporation shall be punished by a fine of KRW 3 million.

(b).

Reasons

Criminal facts

[Basic Facts] In order to strengthen the competitiveness of the livestock industry by facilitating the production and use of domestic research fees (such as wood, dried, etc. with a high textile content and low energy content), the victim E implements the “project to provide survey fee-generating equipment (management entity)” that provides support for the purchase of research fee-generating equipment, and then reducing production costs, the target is selected at the request of the subsidized business entity, such as agricultural partnership, and the ratio of the subsidized business entity out of the total project cost of 60% is changed from 50-60% prior to each year according to the decision to grant the E’s subsidies. If the victim requests a subsidy in submitting a report on the completion of the project accompanied by evidentiary documents after executing the project at his own expense, the victim shall pay the remainder of the project cost excluding the self-payment.

An agricultural partnership to be selected as such shall have at least KRW 100,000,000, and at least five members shall be appointed, and the members shall have a track record of collaborative management and survey of agriculture for at least one year.

In addition, the subsidized project operator should faithfully implement the subsidized project in accordance with the laws, the purpose of granting subsidies, the details and terms of the subsidized project, and not engage in any unfair act related to the subsidy, and should not use and manage the agricultural machinery purchased with the subsidy jointly with the members of the corporation, and should not be justified.

[2] The crime committed by Defendant A was established for the purpose of the following: (a) the director of the said farming association; (b) the auditor of the said farming association; and (c) the Defendant C farming association established on January 30, 2009 for the purpose of producing and selling research fees in connection with the farming association that produces and supplies food to livestock; and (c) the establishment of livestock industry complexes.

1. Defendants A and B are the defendants.