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(영문) 대구지방법원 안동지원 2014.11.11 2014고단396

사기

Text

Defendant

A Imprisonment with prison labor for eight months, for each of six months, for Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F.

Reasons

Punishment of the crime

[Status of Defendant A] The representative of J and K Co., Ltd., Defendant C’s representative of Defendant C, Defendant D’s representative of M Co., Ltd., Defendant N Co., Ltd., Defendant E’s representative of unlimited partnership company, Defendant F’s representative of P Co., Ltd, Defendant Q Q (hereinafter “ Q”)’s managing director.

【Criminal Facts】

Defendant

A, B, C, D, E, and F (hereinafter “Defendant A, et al.”) are to install call taxi system equipment, etc. in a corporation-si according to the R business under the supervision of the victim Ansan-si (hereinafter “instant business”), and KRW 67,974,60, 14.11% of the total project cost was to receive each of the subsidies (total subsidies KRW 337,130,500,000) from the victim Ansan-si, the victim, and KRW 269,15,90,00,000, which is 55.89% of the total project cost, was to be paid to the victim, and KRW 14,484,50,00, the remaining 30% of the total project cost was to be borne by the taxi company, and Q.

However, Defendant A and 5, with the intention to meet the cost of maintaining the system required for the call taxi system, will run the instant business solely with the subsidy, and receive a refund of 30% of the total project cost corresponding to the self-charge as the cost of maintenance and repair from Q. Defendant G had been aware of the foregoing fact, with the awareness of this fact.

On November 29, 2012, Defendant A and five other parties entered into a side agreement with Defendant G on the following: “When the promotion committee calculates the cost of KRW 503,580 among the self-paid cost of KRW 553,580 in the name of the project cost, the settlement shall be made on the date of deposit in proportion to the number of vehicles (7 vehicles) from Q Q Co., Ltd., and the settlement shall be made for five years in the name of the transaction,” and the settlement shall not be notified at the time when the victim knew of the fact.

Since then, Defendant A and five others are granted subsidies in the same time as the victim is aware of this fact.