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Reasons
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(영문) 대구지방법원 영덕지원 2014.06.25 2014고정2
횡령등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around February 2013, the Defendant violated the Subsidy Management Act: (a) around four members, including the Defendant, F, etc., at the E’s house located in Ulsan-gun, Chungcheongnam-do; (b) decided to purchase a total of KRW 20,000, KRW 15,000, KRW 15,000,000 for a total of KRW 750,000, KRW 13,000,000, from the agricultural partnership located in the Hadong-gun, Hadong-gun, Chungcheongnam-do.

However, on March 13, 2013, the Defendant purchased 750km from J's representative director of the said IFF to KRW 16,000 perkg, total of KRW 12 million.

Nevertheless, the Defendant, around March 18, 2013, opened an agricultural bank account in the name of the Defendant’s wife (L). On March 19, 2013, the Defendant pretended to purchase KRW 7.5 million in total by way of remitting KRW 15 million to the said IF and returning KRW 15 million to another head of the Tong.

The Defendant submitted an application to grant subsidies, such as a copy of the passbook of the above Nonghyup Account to the Ulsan-gun Office Environment-Friendly Agriculture Division, and received KRW 1,50,000,000,000,000,000 from the Seoul-gun Office around March 21, 2013, from the Defendant to the said Agricultural Cooperative Account.

As a result, the Defendant received 2.1 million won among the indirect subsidies by other unlawful means (2.1 million won for indirect subsidies - 8.4 million won for indirect subsidies that should have been originally paid (70% for indirect subsidies - 12 million won).

2. Around March 13, 2013, the Defendant purchased 750 km from J’s representative director of the said IFF for KRW 16,00,000 per kilogramg and KRW 12,00,000,000. The Defendant embezzled 3 million out of the total amount of KRW 15,000,000 from the victim F, who is a member of the said G organization, for the victims.

Summary of Evidence

1. Each legal statement of the witness J or F on the second trial date;

1. Legal statement of the witness M on the third trial date;

1. Prosecutions against the Defendant.

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