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(영문) 창원지방법원 진주지원 2015.07.07 2015고단322

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 5, 2010, the Defendant, as the representative director of CF (hereinafter referred to as “F sales outlet”) from around July 5, 2010, was selected as the representative director of CFF (hereinafter referred to as “F sales outlet”) and was subject to the decision of the State to grant subsidies for livestock promotion projects (hereinafter referred to as KRW 145 million for national expenses, KRW 17.4 million for Do expenses, KRW 17.4 million for Gun expenses, KRW 40.6 million for Gun expenses), and newly built a F sales outlet (hereinafter referred to as “F sales outlet”) with a total floor area of two stories and a total floor area of 600 square meters for E-Gun in Busan-gun, Busan Special Metropolitan City.

1. On December 2012, 2012, when the Defendant wishes to hand over, suspend, or discontinue a F Sales outlet to another person, the Defendant made a false statement to the victim G that he/she would legally lease and operate a F Sales outlet by registering the amount of KRW 5 million in capital as a director or a member of the farming corporation, even though he/she is able to operate a F Sales outlet with the qualifications of a member of the said farming corporation.

However, even if the defendant received contributions from the victim, he did not have the intention to be affected by the directors or members of the farming corporation and did not obtain prior approval from the related agencies, so the defendant did not have the intention or ability to legally operate the F retail outlet.

Nevertheless, the Defendant, without notifying the victims who were not registered as a director or a member of the farming corporation and were not approved by the related agencies with respect to the transfer of the subsidized project, deceiving the victims, and it was transferred from the victims to the account in the name of the farming corporation on December 17, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. Around January 12, 2013, the Defendant: (a) received KRW 2 million per month from the above G to the account of the victim farming corporation; and (b) received KRW 2 million per month as the rent for the F sales outlet; and (c) however, the Defendant’s agricultural bank passbook.