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(영문) 대전지방법원 홍성지원 2016.09.22 2013고합55
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for a period of three years and six months, each of the defendants B and C shall be punished by imprisonment for a period of one year and six months.

except that this judgment.

Reasons

Punishment of the crime

"2013 Gohap 55"

1. Defendant A

A. The “201 Fishery Products Assistance Plan” in charge of the addition to agricultural and fishery products related to the subsidy shall consist of KRW 510,00,000,000 for national expenses of KRW 1,70,000 for total project cost, KRW 340,000 for Gun expenses of KRW 170,000 for Gun expenses of KRW 170,000 for Gun expenses of KRW 680,000 for self-payment, and KRW 680,000 for Gun expenses. To be selected as a person eligible for the above project, Article 17 of the Subsidy Management Act, Article 7 of the Enforcement Decree of the above Act, “Rules on the Implementation of Fishery Products for Agricultural and Forestry (Guidance No. 280)”, and “Guidelines on the Implementation of Fishery Products Processing Industry for 2011 for Fishery Products” must have certain capability to bear.

However, at the time, the Defendant, as an operator of the FF partnership corporation, has no funds to build a new Kim factory, which is a public facility, and thus, was bound to prepare the funds through construction business operators, credit service providers, etc., and it was higher to pay new construction costs, payment of payment of bills, interest on loans, etc., and the funds were also paid to other construction business operators, credit service providers, etc., and the current construction cost, etc. is not paid.

In order to pretend that the Defendant held the above money above the person's charges required under the above provisions, the above factory electrical facility operator B and constructor C had a certain amount deposited temporarily in the corporate passbook under the name of the F association corporation, thereby having the F association corporation issued a certificate of deposit balance as if it had sufficient capacity to bear the money, and immediately sentenced the above money to return it again to B and C.

The Defendant, around August 31, 201, deposited KRW 270,000,00,000 to the above Dong-gun, Seocheon-gun, Chungcheongnam-do, and deposited KRW 300,00,000 to the above C, and 126,00,000,000 to the corporate passbook in the name of the F Partnership Corporation, and there is a balance of KRW 696,00,00 in the above passbook.

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