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(영문) 인천지방법원 부천지원 2015.02.05 2014고정1552
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 (the name of the defendant C from July 2014 to A) is a farmer selected as a subsidized project operator of the D Support Project (Eker) promoted by the Ministry for Food, Agriculture, Forestry and Fisheries as part of a new and renewable energy business.

F is a business operator who actually operates the construction company by pressing the plastic greenhouse and Euds of the name of “H” located in G in Kimpo-si.

The above Eker Support Project selects a farmer who intends to install Eker for the efficient use of energy by the facility cost farmers as a subsidized project operator, and where the relevant farmer establishes Eker, 30% of the total project cost shall be paid to the local government, 30% of the total project cost shall be paid to the local government, and 40% of the remainder (20% shall be 3.0% per annum from the Nonghyup Bank, 3.0% per annum, and 7 years per annum) shall be borne by the subsidized project operator.

Although the Defendant and F knew that the subsidized business operator should bear 40% of the project cost, the Defendant and F conspired to receive the subsidies from the State and the relevant local government by pretending that the subsidized business operator should bear the total amount of the cost.

On January 201, the Defendant entered into a contract to install a E-line 36,60,00 won of the total project cost of F and the total project cost (10,997,500 won of national subsidies, local subsidies of KRW 10,997,500 of the local subsidies, KRW 14,65,00 of the self-payment, and KRW 14,65,000 of the self-payment) at the J's farm (K) located in Kim Jong-si.

The Defendant agreed to receive a return of KRW 3,600,000, which is 10% of the F and the total project cost in the above contract, after completion of construction, but decided to disguised the Defendant’s burden.

After December 22, 2011, the Defendant submitted an application to grant subsidies which include a written confirmation of deposits without passbook, etc. as the Defendant actually assumed self-paid charges at Kimpo-si.

The defendant shall pay the construction cost of KRW 37,127,00 in total by purchasing additional agricultural materials equivalent to KRW 104,120, and KRW 362,880, together with F and the above subsidized projects.

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