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(영문) 제주지방법원 2014.06.12 2013고합219
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for two years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Criminal facts

Defendant

A is the president of the H Agricultural Cooperative in Seopo-si G (hereinafter referred to as “HFF”) and Defendant B is the HF executive director.

1. On August 25, 201, HFFF in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Subsidy Management Act was selected as the project owner of “regional master brand (hereinafter “the promotion project”)” of the total project cost of KRW 3 billion (the national subsidy of KRW 1.255 billion, the local subsidy of KRW 1.255 billion, the self-paid subsidy of KRW 500 million, and the local master brand (the subsidy of KRW 500 million), and received a decision to grant subsidies around April 25, 2012.

The summary of the instant subsidy project plan is to support the cost of construction of machinery related to processing to the extent of KRW 2.5 billion for the State and local subsidies, and to secure land sites and construct factories with at least KRW 500,000,000 for HFC, which is a subsidized project operator.

On April 2012, in the second floor planning room, etc. of the HF NA’s head office, the Defendants conspired to pay the construction cost of the machinery to M and J as the actual operator L, Co., Ltd. (hereinafter “K”) and the actual operator N of K (hereinafter “M”) in relation to the instant subsidy project, while the construction cost of the machinery to be constructed by K in relation to the instant subsidy project is KRW 2,00,000,000,000 for KRW 2.76,5,000,000,000, and paid KRW 500,000,000,000,000 for the total construction cost, and paid KRW 50,000,000,000 to K.

With respect to the specific public offering process, I shall determine the specific amount of the rebuilding construction cost and the cost of mechanical equipment construction, and shall include the rebuilding construction cost and consulting cost, etc., which are subject to the subsidy, and the approval of the defendant A and B, which are subject to the approval.

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