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(영문) 광주지방법원 2019.05.30 2018고단3650
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

260,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On June 2, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment for embezzlement at the Gwangju District Court on August 2, 2016, and the judgment became final and conclusive on April 20, 2017.

【Criminal Facts】

The defendant is the head of the promotion committee for the establishment of the Village Development Association B, who has carried out the sale of the above project site and the neighboring mushroom farming site.

On January 1, 2013, the Defendant would allow members of the victim agricultural corporation D to receive 100 million won for the design and construction costs of mushroom cultivation companies and 50 to 60% for the members of the victim agricultural corporation Dr. The Defendant would be able to receive 50 to 10 million won for the grant of a subsidy. As the activity cost is required to be paid, consulting service cost may be paid for 10 million won per unit. The consulting service cost may be paid up to 60 to 70% for the internal activities. The Defendant would be entitled to 60-70% for the payment of consulting service cost. From February 1 to 4, 2013, “In order to receive a mushroom cultivation subsidy, a director of the victim agricultural corporation, E, F, G, etc.” (the victim corporation’s director of the victim corporation, “F, etc.) need to go through the public official. The need to go through 1,000,000 won for drinking or drinking services.”

However, in fact, the defendant did not have the intention or ability to receive subsidies for the establishment of mushroom farming houses in the victim agricultural corporation by soliciting public officials, and he thought that he would receive money and would use it as his debt repayment and project costs.

Nevertheless, as above, the Defendant, by deceiving the victim agricultural company, obtained money and valuables from the victim agricultural company on April 8, 2013; KRW 50 million on April 9, 2013; KRW 50,000 on April 11, 2013; KRW 260,000 on May 2, 2013; and at the same time, received money and valuables from the victim agricultural company on the pretext of soliciting public officials to handle affairs.

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