beta
(영문) 대구지방법원 2016.09.30 2016고합260

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant, from January 2005 to December 2012, 2013, was the representative director of the Dispute Resolution D with the purpose of developing the location of the US and related parts, producing and selling them, and has overall control over the business management of the above company and the revenue and expenditure of funds.

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), participated in the second stage project of “G” project promoted by the victim E (F: F; hereinafter “E”), which is an institution in charge of the headquarters of the industry ledger in around 2004, and again, was selected as a major institution for the development of technologies at the third stage project of the above task (the project period from August 1, 2007 to July 31, 201) on December 2007.

Accordingly, the defendant, around December 3, 2007, at the office of the victim in Dongjak-gu Seoul Metropolitan Government H, the defendant did not intend to use the government contribution from the victim with respect to the above task for the purpose of research and development even if he was paid the government contribution, and even though he did not have the intent or ability to actually bear an amount equivalent to KRW 150 million in cash and KRW 300 million in kind to be paid by the applicant on the condition of receiving government contribution as a condition of receiving government contribution, the victim's employee in charge has concealed the contribution despite that he did not have an intention or ability to actually bear an amount equivalent to KRW 150,000 in cash and KRW 150,000,000 and KRW 30,000,000 in kind included in the project plan, and the private financing amount to be paid by the applicant (in case of receiving the government contribution for the implementation of the research project in the name of the project owner in charge of industrial development project, 300,000 won.).