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(영문) 제주지방법원 2014.02.14 2013고단1712

사기등

Text

Defendant

A shall be punished by fine for negligence of KRW 3,000,000, and by fine of KRW 1,500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. On November 2012, Defendant A’s violation of the Subsidy Management Act, the representative director of the victim Jeju Special Self-Governing Province, was willing to receive subsidies under the “Preliminary Social Enterprise Job Creation Business” supported by the victim Jeju Special Self-Governing Province by submitting a false labor contract, etc. On November 8, 2012, the economic policy of the Jeju Special Self-Governing Province Administration around November 8, 2012, although not having employed C as an employee, C prepared a “application for subsidies for preliminary social enterprise creation business” along with the attendance book prepared as if C had been employed as an employee, a false statement of wages, and a statement of payment transfer, and submitted it to the relevant public official D.

As such, the Defendant, by deceiving D, received a subsidy of KRW 769,440 from the victim to B for the purpose of subsidizing personnel expenses on August 2012, 2012, as well as receiving a subsidy of KRW 21,40,440 from around that time to October 11, 2013 by obtaining a total of KRW 21,404,38, as shown in the attached Table of Crimes List of Crimes, and received a subsidy by means of false application.

2. The Defendant violated the Subsidy Management Act by Defendant B was granted subsidies of KRW 21,404,388 in total by filing a false application with respect to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement concerning E and C;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 2, 3, 4, 5, 6, 8, 9 of the evidence list);

1. Article applicable to criminal facts;

A. Defendant A: Comprehensively, Article 347(1) of the Criminal Act (Fraud) and Article 40 of the Subsidy Management Act (the point of receiving subsidies by false application)

B. Defendant B corporation: comprehensively, Articles 43 and 40 of the Subsidy Management Act

1. Trade name;