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(영문) 전주지방법원 남원지원 2015.07.21 2015고단71
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant prepared an application for subsidies of KRW 42,70,000 (per 20,000,000,000 won), and then submitted an application for subsidies of KRW 22,07,00,000 (per 222,070,000,000) to the Defendant’s account in order to cover 50% of the construction cost of a small business operator in the Han Chang-gun-gun, the Defendant applied to the micro enterprise support project, which subsidized the construction cost of a small business operator in the Han Chang-gun, in the Han Chang-gun-gun, in order to cover 50% of the construction cost of a small business operator in the Han Chang-gun, the Defendant received KRW 20,000 from the Defendant’s net Chang-gun as a subsidy on December 31, 2012 and acquired it by money from the Defendant’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to C, D, and E;

1. A written accusation;

1. Application Form;

1. Application for the payment of subsidies to micro enterprises in the net Chang-gun;

1. A report on project completion;

1. Written estimate;

1. Application of each Act and subordinate statutes to an investigation report (including a written application for subsidies and a settlement report), a criminal investigation report (Submission of data on a suspect), a criminal investigation report (Submission of details of transactions by the National Bank of Korea in the E), a criminal investigation report ( telephone communications corresponding to a public official in charge

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Determination of types] Fraudulent crimes, general fraud, types 1 (less than KRW 100 million): Reduction elements: No record of criminal punishment, serious reflect [Recommendation and Recommendation Sentence] basic area, imprisonment with labor for six months to one year and six months;

3. The Defendant, who made a decision of sentence, illegally received subsidies to support micro enterprises in excess of the amount of construction cost, and such decision has aggravated the finance of the Net Chang-gu Office, a local government.

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