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(영문) 부산지방법원 2016.04.27 2016고단597

사기등

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is the representative of an incorporated association B, and the above incorporated association B is a social enterprise certified as a social enterprise by the Ministry of Labor on March 13, 2014, and is an assistant business operator of the "Support Project for the Development of Social Enterprise in 2014".

1. On November 27, 2014, Defendant A prepared a certificate of public performance confirmation to the effect that E attended a public performance at the Busan Jin-gu Office located in Busan, Busan, and submitted it to the public official in charge.

However, in fact, E did not have participated in the above gap.

The Defendant deceiving a public official in charge and received 2.10,00 won, such as the National Treasury subsidies, as the wage for E.

As such, the Defendant acquired KRW 210,00 from the public official in charge and received KRW 147,00 from the National Treasury subsidies equivalent to 70% of the above amount by fraudulent means.

2. Defendant B, a corporate body, is a corporation with the purpose of researching and developing language-using ability, cultural contents, etc.

A, the representative director of the defendant, has received government subsidies in the same manner as the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to F, E, G, and H;

1. Application of the Acts and subordinate statutes requesting the payment of each letter of claim, each receipt of confirmation of payment, each certificate of performance verification, each contract, each copy of the passbook of Busan Bank (E), the request for the payment of subsidies for the development of social enterprises in 2014 (1) and subsidies for the development of social enterprises in 2014 (2).

1. Defendant A of the pertinent Article of the Act on the Management of Subsidies: Article 347(1) of the Criminal Act, Article 40 of the Subsidy Management Act, Article 43 and Article 40 of the Subsidy Management Act;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (defendant A);

1. Selection of each of the Defendants’ fines

1. Punishment to be suspended (the Defendants’ respective fines of KRW 500,000);

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 59(1) of the Criminal Act (defendants. 1) of the suspended sentence.