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(영문) 대구지방법원 안동지원 2015.05.26 2015고단121
사기등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who engages in livestock breeding business with the trade name of “D” in permanent residence C, and E is a business director of G in the Republic of Korea, which is located in “D” in the Republic of Korea.

1. A livestock shed facility modernization project that violates the Act on the Fraud of National Subsidies and the Management of Subsidies is a national subsidy project that is supported by 20% (on the basis of the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of Free Trade Agreements and the Livestock Industry Act as the fund for the implementation of Free Trade Agreements, with a subsidy of 30% (on the basis of a principal charge), a subsidy of 50% (on the basis of a annual rate of 3%, a three-year grace, and an equal repayment for seven years);

In addition, the above business shall allocate national subsidies to each Metropolitan City/Do with funds, such as new construction, reconstruction, renovation, and repair of livestock pens, etc., and the Metropolitan City/Do shall examine livestock farmers deemed eligible for national subsidies from the Si/Gun and select livestock farmers to be provided with national subsidies, and shall grant subsidies through each Si/Gun.

On February 9, 2013, the Defendant submitted an application for livestock facility modernization project with the total project cost of KRW 611,335,000, which is for the purpose of remodeling a livestock shed operated by the Defendant as the special skills and offices for the permanent viewing of permanent residents in accordance with the 131st trial at the time of permanent residence in North Korea on February 9, 2013. On March 21, 2013, the Defendant was selected as the object of livestock facility modernization project with subsidies of KRW 611,320,00 (subsidies of KRW 183,390,000, loans of KRW 305,660,000, loans of KRW 122,270,000) from the Gyeong-do on March 21, 2013.

After the Defendant was selected as a person eligible for a subsidy program as above, the Defendant prepared a construction contract with the above E and D livestock shed modernization facility construction business entity, and conspired to receive subsidies and loans by submitting evidential documents, such as false construction contract, to permanent viewing.

On October 25, 2013, the Defendant is a public official in charge of permanent viewing at a special skills and office for the livestock industry center and a permanent resident service center.

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