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(영문) 대전지방법원 2018.02.20 2017고합380
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On June 29, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daejeon District Court red support, and the execution of the above sentence was terminated on March 29, 2013.

【Basic Facts】 The Defendant is the representative director of C Fisheries Partnership established to process fishery products.

On June 20, 2014, the Ministry of Oceans and Fisheries promoted "D Development Project" (hereinafter "Support Project in this case") for the establishment of environment-friendly culture infrastructure and the increase of fishermen's income. On June 20, 2014, the Ministry of Oceans and Fisheries selected a subsidized project operator through public invitation under the condition that universities, research institutes, and fishery partnership corporations capable of self-bearing participate together, with the total project cost of KRW 2,00,000,000,000 shall be the subsidized project operator first, and the remainder of KRW 1,00,000,000 shall be paid to the National Treasury upon confirmation of the execution of self-bearing.

C. On September 24, 2014, the fisheries partnership and the E University were selected as the instant subsidized project operator, and on June 22, 2015, the E University was responsible for executing and settling the project cost as the supervising institution in charge of overall management of the project. C fisheries partnership will spend production and operation management expenses, such as the cost of purchasing seeds and seedlings at its own expense of KRW 1,000,000,000, and submit a project plan to execute the aquaculture facility at its own expense of KRW 1,00,000,000. On July 7, 2015, the said project plan was approved by the Ministry of Oceans and Fisheries on July 7, 2015.

【Criminal fact-finding’s mind to receive national subsidies by making false financial data as if he did not execute the self-payment according to the above business plan, or submitting a false tax invoice and accounting verification report to F professor, who is a person in charge of the instant subsidized business of the E University. As seen below, the Defendant deceiving F to receive the total of KRW 818,100,000 from the National Treasury subsidies, and, at the same time, acquired the total of national subsidies by fraudulent means. 818,100,000 won of the national subsidies.

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