특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The Defendant is a person who operates E Agricultural Partnership Corporation (hereinafter referred to as “E”) in Naju-si and engages in a livestock excreta disposal business with national subsidies.
In 2011, which the Ministry for Food, Agriculture, Forestry and Fisheries provides support from the Ministry for Food, Agriculture, and Fisheries, is a business that provides a subsidy of KRW 2.4 billion (the national subsidy of KRW 1.5 billion, the Do subsidy of KRW 270 million, and the Si/Gun subsidy of KRW 6.3 million) out of the funds required for the installation of facilities and equipment necessary for the resource recovery of livestock excreta, such as manure, in case where it is assessed that the applicant has the ability to carry out a business plan after self-evaluation in the city, whether the applicant has secured the capital and whether the site has been secured.
In order to be selected as the above subsidized project operator, documents evidencing the fact that the applicant for the project has secured the capital and facility site of at least 10% of the total project cost through investment from the farmer shall be submitted.
Therefore, the Defendant: (a) deposited KRW 300 million from the Agricultural Cooperative account in the name of “G” operated by F, the land owner; (b) deposited it in cash in the name of six members, such as H et al.; and (c) deposited it in the account in the name of “G” under the name of six members, including H et al.; and (d) returned it in full after ten (10) again to the agricultural cooperative account in the name of “G”; (b) there was no fact that the members invested in the project cost, thereby securing the capital of KRW 300 million, which is 10% of the project cost; and (c) there was no superficies for ownership of a mortgage and a building and a trees with a maximum claim amount of KRW 156 million,00,000,000 in the site of the said facility, on December 2, 2011.