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(영문) 제주지방법원 2015.7.15.선고 2015고단484 판결
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Cases

2015 Highest 484 Fraudulent

Defendant

High○○ (1951 Students) and public officials (1951 Professorss)

Prosecutor

Red tin (prosecution) and scong type (public trial)

Defense Counsel

Attorney Lee In-bok

Imposition of Judgment

July 15, 2015

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal Facts

The defendant, as a director of the World Islands Association, who aims to conduct research projects, academic events, seminars, etc. of the World Island Association, was expected to receive subsidies from Jeju Special Self-Governing Province in promoting ‘2012 Jeju Women' projects as part of the globalization of culture of Jeju Women.

In order to receive the above local subsidy, the amount of self-payment equivalent to 50% of the total project cost (referred to as "self-payment" under this Act) shall be met. The defendant was able to borrow money from others due to defects in the amount of self-payment necessary for it and make a false copy of the passbook and receive local aid money using it.

On September 27, 2012, the Defendant lent KRW 50 million to the subsidies exclusive account opened in the name of the World Islands Association after depositing the amount of KRW 50 million into the subsidies exclusive account opened in the name of the said World Islands, at the AF Do branch in Jeju-do-ro, Jeju Special Self-Governing Province-Governing Province-ro, and returned the money immediately to the said Do-○○○.

On October 9, 2012, the Defendant applied for the grant of KRW 50 million to the victims of Jeju Special Self-Governing Province as a subsidy in the name of "the Jeju Special Self-Governing Province's cultural policy office, and even though there is no intention or ability to meet self-charge, the Defendant would have submitted a copy, etc. of the deposit passbook as mentioned above and had prepared KRW 50 million as if he had been aware that he/she had prepared the copy, etc. of the deposit passbook as above, and then he/she received KRW 50 million from the victims to the above account on October 12, 2012 through the current ○○○○ in charge of the public official in charge.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, Selection of a fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In consideration of the following circumstances, punishment shall be determined as ordered:

○ favorable normal circumstances: A deposit equivalent to the full amount of subsidies obtained by deception, which acknowledges and reflects the fact of crime;

It uses all subsidies obtained by deceit for the subsidized project of this case (personal use of the subsidy);

(2) The Act on the Utilization and Management of the National Territory in 1993 shall not be deemed useful, once a fine is imposed due to the violation of the Act

In addition to the sentence, there is no record of criminal punishment, and university professors for a long time.

At the same time, it has been hard to conduct academic research and community development.

○ Unfavorable Circumstances: A false copy of the deposit passbook shall be submitted as if they were borne by the person.

In light of the method of crime, the amount of fraud, etc., by deceiving 50 million won of the subsidy by deceptioning 50 million won;

It is not good that the nature of crime is not good

○ Other: The motive and background leading up to the instant crime, age, character and conduct, environment, and age of the Defendant

The latter circumstances, etc.

Judges

Freeboard Kim

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