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(영문) 창원지방법원 거창지원 2017.07.21 2017고단141
사기
Text

Defendant

A and C shall be punished by imprisonment for eight months, and by imprisonment for ten months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A and B’s joint criminal act E is an agricultural partnership established for the purpose of crop development, production, sale, etc., and F (Death January 29, 2016) is the former representative director of the foregoing legal entity; Defendant A is a director of the said legal entity; Defendant B is a person who operates the construction business with the trade name of “H” from Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-si.

The Defendants, in collusion with F, knew that the agricultural partnership may receive a subsidy of KRW 283,02,00 from the victim's head of the agricultural goods house and the selective construction subsidy of KRW 188,668,00 in accordance with the small distribution facility support project in collusion with F, with the knowledge that the agricultural partnership may receive a subsidy of KRW 283,00,00,00 from the victim's head of the group when it satisfies certain requirements and met the preferential performance of its own contributions, and that there was no intention or ability to give priority to the subsidy of KRW 18,68,00,00, and that the Defendants were paid a subsidy for other purposes after the receipt of the subsidy by unreparing the construction cost, and used the building for the other purposes without using it as the head of the house and the selective house for the purpose of the project, or considered it to be used as a personal residence, notwithstanding the fact that

According to the above conspiracy, the Defendants stated that “F would pay the money if the money is paid in the future after borrowing the money due to a shortage of the cost of construction from the first place of the building site,” and that “F would make financial data as if the payment was made in advance by borrowing KRW 6,374,720 on April 19, 2013, and KRW 50,000 on June 13, 2013, and as if the payment was made in the money was made in advance by E agricultural partnership, and F and Defendant A find Defendant B, who was directly engaged in construction work and received the subsidy, around November 2013.

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