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(영문) 대전지방법원 논산지원 2016.01.29 2015고정143

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a farmer who cultivates crops with a facility load, and C is a representative director of corporation D established for the purpose of the production, sale, etc. of greenhouse gas from agriculture.

In 2013, the Defendant conspired with C to receive subsidies by preparing a false financial transaction statement and estimate as if the Defendant did not actually have paid the full amount of the charges, in collusion with C, even though the Defendant did not have any intent to bear KRW 41,704,00 of the total project cost of KRW 83,304,00 [20% of the total project cost of KRW 41,60,000 of the subsidies, KRW 41,704,00 of the subsidies, KRW 41,704,00 of the self-payment] as a project for supporting the installation of energy-saving facilities [30% of the National Treasury (subsidies, 20% of the subsidies, 30% of the loans), 30% of the local expenses, and 20% of the self-payment];

C around 13:40 on August 5, 2013, from the account in the name of the Defendant in the Agricultural Cooperative, the amount of KRW 41,600,00 from the account in the name of the Defendant was deposited in the Agricultural Cooperative under the name of the Co., Ltd. (Account Number: E), and the amount of KRW 25,000,000 from August 14, 2013 to the above Agricultural Cooperative Account in the name of the Co., Ltd. under the said method was deposited in the same manner, and around 17:28 on August 14, 2013, the amount of KRW 16,704,00 was transferred from the Agricultural Cooperative in the name of the Defendant to the said Agricultural Cooperative account in the name of the Defendant, and the amount was transferred from the said account in the name of the Defendant Co., Ltd. to the said KRW 50,000 on August 22, 2013.

Then, along with other disbursement documents, such as the statement of financial transaction and written estimate, tax invoice, etc., which were written as above, submitted to a public official belonging to the office in charge of Seosan-si around August 23, 2013, and its affiliates transfer KRW 41,60,000 for the purpose of subsidies on August 23, 2013 from the public official in charge (hereinafter “State expenses”) to the 41,640,000 for the purpose of subsidies.