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(영문) 창원지방법원 2015.02.06 2014고단1980

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who has been in office as a secretary general in charge of overall affairs, such as C's business, organization, financial (accounting), operation, and external cooperative business, for about ten years before.

1. From around 2009 to 2013, C, who is the Secretary General, has received subsidies from the victim ordinary south-do, Kimhae-si (the victim’s damage ratio is as indicated in the attached Table of Crimes) for projects related to D, E, F,G, H, I, “H,” “J”, “K” and “K” through Kimhae-si, and on March 30, 2010, received subsidies of KRW 5 million from the victim ordinary south-do to L business.

Meanwhile, in executing the above subsidy granted to C, the Defendant deducted the amount of the above subsidy from the actual transaction by submitting the subsidy settlement document, along with a false cardbook, a deposit certificate without passbook, or a deposit account certificate of a transaction unrelated to the subsidy support business, which is not related to the actual transaction, or which is not related to the original transaction. The Defendant was willing to pay the outstanding amount of the account of the transaction company or use it for C’s operating expenses.

around May 14, 2009, the Defendant received subsidies of KRW 17 million from Kimhae-si to the Agricultural Cooperative (M) account in the name of C and kept in business. The Defendant transferred 4,950,000 won to the account under the name of N representativeO in order to pretend that 4,950,000 won was paid even after having actually paid promotional expenses equivalent to KRW 2,090,000,000,000,000,000 won, to the account under the name of N RepresentativeO in order to pretend that 4,9550,000 won was paid. On December 16, 2009, the difference was submitted to Kimhae-si along with the settlement documents, and then the balance was spent voluntarily by repaying the outstanding amount of money prior to N, from December 16, 2009 to October 28, 2013, arbitrarily using the same amount of KRW 14,181,930,00 in the attached crime list (1).

B. The Defendant, around March 30, 2010, refers to “L” from the Gyeongnam-do.