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(영문) 대구지방법원 2015.08.11 2015고단1377

A defendant shall be punished by imprisonment for not less than one year and six months.


Punishment of the crime

1. The defrauded of the subsidy for the project to foster the environment-friendly agriculture in accordance with the Environment-Friendly Agriculture Fosterage Act (a summary of the “business to foster the priority of excellent Si/Gun and Gun expansion”), carried out the “business to foster the environment-friendly farming materials and facilities and equipment related to the environment-friendly agriculture” (hereinafter “the instant business”) that support the purchase of eco-friendly farming materials and equipment to farmers, etc. by up to three years from the date of the designation of the excellent Si/Gun located in Gyeongbuk-do within the limit of KRW 2.5 billion per annum per Si/Gun in order to foster the environment-friendly agriculture in accordance with the Environment-Friendly Agriculture Fosterage Promotion Act.

The Youngcheon-si shall receive an application for support from the agricultural corporations and the small groups that wish to be selected as the excellent Si/Gun of the instant project in 201 and wish to conduct the project, and their qualification requirements shall be at least five times the certified area of new pesticides or higher, and at least five farmers may participate in the integrated area, and the facilities and equipment shall be joint use by the small groups, and the period of follow-up management shall be set at five years for machinery and equipment, and ten years for facilities.

On December 2010, Youngcheon-si selected eight small-scale groups, including three small-scale groups, whose representative is A, as business support recipients, and implemented a total of KRW 2.55 billion (60 million for Do subsidy, KRW 1.4 billion for Si subsidy, KRW 59 billion for self-support).

【Criminal Facts】

The defendant is the representative of the CW Group in Yongcheon-si D.

On December 2, 2010, the Defendant, among the qualification conditions for the instant project implemented in Yongcheon-si, failed to meet the conditions such as 5 years or more of the certified area of agricultural chemicals or more, and was unable to receive subsidies from others, by arbitrarily registering another person as a crop group. Around December 2010, the Defendant considered to have received subsidies by increasing the certified area of agricultural chemicals or more.

Forgery of private documents and their events are to be exercised in the defendant's residence located in Youngcheon-si E on December 2010, and organic farming is to be expanded without authority in an outstanding Si/Gun.