beta
(영문) 대전지방법원 2015.11.11 2015고단3309 (1)

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The Defendant is a person who produces, sells, and executes a multi-faceted pressing that overlaps with “G” in Daejeon Dong-gu, Daejeon.

The Ministry for Food, Agriculture, Forestry and Fisheries, as part of energy use efficiency projects since 2012, has implemented an energy-saving facility installation support project that provides the remainder of 50% of the total project cost when farmers install a multi-faceper in the Hasing facility (hereinafter referred to as "self-payment") and pay 50% of the total project cost.

Using the fact that the amount of the self-paid subsidy is subsidized, the Defendant conspireded to receive the subsidy amount from each local government, such as the victim group, by making a false statement of financial transactions, false estimate, etc. as if the Defendant paid the full amount of the self-paid subsidy, even though the Defendant entered into an agreement that did not bear all or part of the self-paid amount to be borne by the farmer and the farmer using the Has Facilities, which is a subsidized project operator.

As above, the Defendant conspired with H, a farmer, and entered into a construction contract with H to bear only a part of H’s own share on September 1, 2013. However, as if H fully paid the total cost of KRW 40,577,00,00, the Defendant received KRW 21,967,000 out of the total project cost of KRW 40,57,00,000 from H, and used the Defendant’s funds to submit a false financial transaction statement, estimate, and tax invoice, etc. to the victim granting group as if H were to have paid the total amount of the above self-paid share, along with other documents, as well as other documents evidencing that H used the Defendant’s funds, to submit it to the victim group as if H had paid the above self-paid share, and then he/she received the above amount of KRW 18,590,00 from a public official in charge of granting the Defendant’s funds, and at the same time, received the State subsidy of KRW 208,2000.7.