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(영문) 제주지방법원 2016.10.20 2016고단1237

사기미수

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, for two years from the date this judgment became final and conclusive, as against Defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the F Corporation, which is the two kinds of money companies located in Seopo-si E, and the F Corporation was selected as the executor of the G Project in Seopo-si. The subsidized project was financed by 80% of the total project cost at a low interest rate of 1% per annum through the lending institution, and 20% of the total project cost is borne by the subsidized project operator. The detailed contents of the project are “replacement of stable spatition and roof spatition, etc.” and the total project cost was KRW 280,000,000 (self-paid KRW 56,000,000, KRW 224,000,000).

Therefore, from October 2014 to December 2014, the Defendant requested only part of the above G project to H representative I to take the actual construction cost of KRW 108,098,943 (excluding insurance premiums, value added tax, etc.). In addition, most of the above contents of the subsidized project had already been completed separately from the above corporation’s capital around 2011 and around 2013, the Defendant conspired with the above corporation’s members, the chief of headquarters, J and the above I, by obtaining a false certificate of business progress, as if the above details of the subsidized project were properly executed as if it were normally executed as the above details of the subsidized project, and based on this, it was intended to use the aforementioned amount of low-interest policy funds for the subsidized project with the aforementioned corporation’s members, the chief of Justice and the above I.

Accordingly, on December 6, 2014, the Defendant submitted a false report on project completion as if he/she spent KRW 280,000,000 for actual construction expenses, along with false evidentiary data, photographs, etc. taken at the time of execution on or around 2011 and around 2013, as if he/she applied for a subsidized project, and accordingly, received a written confirmation of project progress from the Seopopo City on or around December 24, 2014 and applied for a loan of KRW 217,712,00,000, except for self-payment, from among the above G project policy funds, to K, etc. on or around April 6, 2015.