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(영문) 서울중앙지방법원 2013.05.08 2012고합1579
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, for three years, for three years, and for one year and six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

1. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and Defendant A in violation of the Subsidy Management Act were employed from around May 201 to March 201 as the president in order to raise funds for Company I (hereinafter “I”), a construction equipment leasing firm, and the J served from January 200 to March 201.

Defendant

A and J came to know on August 201 that when the company in the Seoul metropolitan area is transferred to Jeonnam-do through Defendant B, who is an investment attraction adviser, the early police officer of early 201, the State and local governments can receive subsidies to promote large-scale investment in the Seoul metropolitan area (hereinafter referred to as “business relocation subsidies”).

However, in Seocho-gu Seoul Metropolitan Government, there is only the head office of the area of 2,792 square meters and the factory of 2,792 square meters in the area of the site in the Chungcheongnam-gun L, Chungcheongnam-do. Since there was no factory in the Seoul Metropolitan area and the number of full-time employees was not nine, it did not constitute an eligible company subject to attracting investment for the relocation of enterprises (hereinafter “qualified company for the relocation of enterprises”), and it did not meet the eligibility requirements for receiving subsidies for the relocation of enterprises.

Nevertheless, Defendant A and J conspired with Defendant B and the victim to receive a business transfer subsidy from the Republic of Korea, and on August 201, Defendant A and the victim possessed a factory on the site of the size of 11,070 square meters and size of 4 lots and 11,070 square meters and 27 persons for the last one year, as the average number of employees for the last one year is 27 persons, prepared a false real estate lease agreement and a certificate of performance of withholding status, as well as prepared a false real estate lease agreement, and submitted an I head office and a factory of the size of 11,278 square meters and 23,140 square meters within the area of N (N) in Yong-gun-gun, Nam-gun, and invested approximately 10 billion won in funds, as if they were engaged in the business of production, sale, etc. of other workshops.

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