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(영문) 창원지방법원 마산지원 2017.05.23 2017고단46
사기등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing industry machinery, wind power franchise, and machinery parts processing business, etc., Defendant A is the representative director of the above company, and Defendant C is the person who has been the director of accounting division of the above company.

Defendant

A around March 2, 2015, around March 2, 2015, submitted a business plan to the effect that the “F” task in relation to the business supervised by the Small and Medium Business Administration, jointly with Defendant B, will be performed by the Korea Production Technology Institute, and the victim was notified that Defendant B was selected from the injured party as the major institution for the above task. On May 28, 2015, Defendant B and the victim entered into a business agreement with Defendant B and the victim around July 17, 2015.

The “F Business” (hereinafter referred to as the “Development Business”) is a subsidy program with a government subsidy of KRW 500 million; Defendant B was allocated technical development points in an amount equivalent to KRW 13,000 as the project cost for the first year around August 12, 2015; Defendant B purchased materials, equipment, etc. related to the instant Development Business; and Defendant B was allowed to receive subsidies by means of entering materials, equipment, etc. related to the instant Development Business into the corporate official certificate, the research fund execution system operated by the victim using the OTP card, and making an application for subsidies by entering materials, equipment, etc. related to the instant Development Project into the account, name, etc. of the counterpart company that supplied the Defendant B with materials, equipment, etc. related to the instant Development Project, after obtaining approval from the victim.

1. Defendant A, using the above method of receiving subsidies, is linked to the research expense enforcement system to pay the outstanding amount to the transaction enterprises unrelated to the instant development project.

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