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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1260

보조금관리에관한법률위반

Text

[Defendant A] Imprisonment with prison labor for six months

[Defendant B] The defendant shall be punished by imprisonment for six months.

【Defendant.】

Reasons

Punishment of the crime

[Status of Parties] Defendant A is an operator of a livestock shed establishment establishment in Pyeongtaek-si G, and Defendant B is an actual operator of Defendant C, and Defendant C is a registered company, such as livestock shed construction business, manufacture and sale of eco-friendly industrial concentration in the first floor in Ansan-si.

[In fact] A project for modernization of livestock facilities is a project that grants the State subsidies to a farmer who raises livestock after being registered or permitted to engage in livestock business before December 31, 2014, for the new construction, renovation, repair, and replacement of livestock pens, livestock shed facilities, livestock breeding facilities, and landscape improvement facilities, and new installation and replacement.

[Criminal facts]

1. No person selected as a livestock farm business operator for the modernization of livestock facilities, which is a subsidy program for the joint crime committed by Defendants A and B, shall receive any subsidy by false application or other unlawful means;

The Defendants entered into a construction contract with Defendant A Co., Ltd. with respect to livestock farming facilities in the name of Defendant A (hereinafter “the instant livestock shed facilities”) specified in the certificate of registration for livestock breeding business, and concluded a construction contract with Defendant B to cover the construction cost of the livestock shed facilities in the 540 square meters (1,785 square meters) which was actually newly built by receiving subsidies for the modernization of livestock facilities by a method of calculating the construction cost per square meter, despite the actual construction cost of KRW 90,000,000,000,000 won.

The Defendants, at the office of the foregoing C Co., Ltd. around June 29, 2015; Defendant B, at the same time, prepared a standard contract for construction works with the purport that construction cost of KRW 21,1250,000 is required for KRW 196,00,00 for the instant livestock facilities; Defendant A submitted the standard contract for private construction works that was falsely prepared to the public official in charge of Pyeongtaek-si fisheries and the public official in charge of private construction works, who was unaware of the fact that the standard contract for private construction works was falsely prepared, and applied for subsidies from Pyeongtaek-si on December 16, 2015 for indirect subsidies. < Amended by Act No. 10581, Dec. 22, 2015>