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(영문) 인천지방법원 부천지원 2015.01.29 2014고단3025

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant selected as a subsidized business operator of the 2012 Support Project for the Efficiency of Energy Use of Facilities, etc. (C) which was promoted by the Ministry for Food, Agriculture, Forestry and Fisheries as a part of a new and renewable energy business in the Ministry for Food, Agriculture, Forestry and Fisheries, and C is a plastic house with D'E located in Kimpo-si and a multiververer with D'. The above multiververer Support Project is a subsidized business operator, and a farmer who intends to install a multiververer for the efficient use of energy of the facility-based farmers is selected as a subsidized business operator, and a farmer who intends to install the multivererer for the efficient use of energy of the facility-based farmers. In the event that the relevant farmer installs a multivererer, the State shall pay 20% of the total project cost to the local government, and 30% of the total project cost to the local government, and the remainder of 50% (which may be loaned from the Nonghyup Bank on condition of 3.0

Although the Defendant and C knew well that they should bear 50% of the project cost as above, they conspired to receive subsidies from the State and the relevant local government by pretending to bear the full amount of the self-paid cost.

On February 2, 2012, the Defendant entered into a separate agreement to receive a return of KRW 13,50,000, the total project cost of C and the total project cost of KRW 79,335,00 (the national subsidy of KRW 15,867,200, the local subsidy of KRW 23,800,800, and the self-payment of KRW 39,667,00) at his farm located in the above Kimpo-si. At the time of the above contract, the Defendant agreed to obtain a return of KRW 13,50,00,000, equivalent to KRW 20% of the total project cost with C and the total project cost at the time of the construction completion, but the Defendant

Accordingly, on April 19, 2012, the Defendant submitted to Kimpo-si (hereinafter “victim”) a subsidy application containing a written confirmation of deposits without passbook, etc. as if he/she actually assumed his/her own contributions. On September 14, 2012, the Defendant submitted 13,500,000 won, which was to be returned from C after completion of construction, under his/her name.