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(영문) 대구지방법원 서부지원 2016.07.15 2015고단2193

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A: (a) around May 20, 2013, at the H Operation of the Victim GF of the G of the Seongbuk-gun, the victim was selected as a government subsidized project operator for the growing of mushroom that is implemented in Sung-gun; and (b) the victim should be exempted from growing mushrooms. However, Defendant A would pay the purchase price of materials by collectively paying the purchase price of the materials that the materials for the growing of mushroom would be supplied on credit to the victim at a place different from the subsidies to be paid.

“A false statement was made to the effect that it was “.”

However, the defendant did not have any particular property or income, and applied for a subsidy project without preparing the self-paid charge, and even if receiving a subsidy, there was no intention or ability to pay the cost of the material normally to the victim from the beginning, such as consuming the cost of living, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained a total of seven times from May 28, 2013 to August 15, 2013 the supply of agricultural materials equivalent to KRW 58,939,540 from around May 28, 2013, and acquired it by deception.

2. Defendant A, as described in the preceding paragraph, applied for the “I (the National Treasury KRW 16 million out of the project cost of KRW 80 million, the local government KRW 16 million, the local government KRW 16 million, the self-paid charges of KRW 32 million),” which was implemented by Sung-gun, even though he/she had no financial ability, such as the ability to bear the self-paid burden as described in the preceding paragraph, and was selected as a business operator around March 11, 2013.

Accordingly, Defendant A submitted a tax invoice and a claim for subsidy to the effect that “The construction of 7 Dongs, which are the facilities for the assistance project, was completed, and the construction cost was required to be KRW 64,83,494,” at the Sung-gun Forest and mountainous district development division on November 26, 2013, after receiving the agricultural materials from credit as described in the preceding paragraph, and constructed 7 Hasssay for the growing facilities for the Gyeong-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-do.”

Defendant B, upon receipt of the above request for subsidy, submitted the above request, etc., that “the Defendant B will bring about evidentiary data in accordance with the project cost (including added tax 88 million won).”