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(영문) 광주지방법원 장흥지원 2018.08.23 2018고단32
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 9, 2013, the Defendant was sentenced to a suspended sentence of two years on July 17, 2013 in the Gwangju District Court's support for promotion of the head of the Gwangju District Court for fraud, and the judgment was finalized on July 17, 2013.

[2] On December 2010, the Defendant is the representative director of the D Agricultural Partnership, and the said Agricultural Partnership was determined as an entrepreneur of the income business (including KRW 325 million, KRW 37 million, KRW 1200,000, KRW 16 million, and KRW 100,000,000, KRW 325,000, KRW 37,000, KRW 37,000, KRW 37,000, and KRW 16,000,000) among the projects in the rural village comprehensive development project E region promoted by the Ministry of Agriculture and Forestry for Food and Agriculture.

The target of the above-area income project is a corporation in which village residents participate jointly.

The Defendant, at his own expense, made a partnership corporation using only passive interest and relative name on the participation in the above income business, and the Defendant’s share of the project cost was borne by all, and the Defendant’s joint low temperature storage, which is a facility constructed according to the above joint business and planned to be “L” in the E region’s income business among the rural village comprehensive development projects. However, after the Defendant (DF) was selected as the above business entity, the Defendant requested to change the contents of the above business to “joint low temperature storage” around May 201 and revised the basic plan around November 201.

Accordingly, on January 201, 201, the Defendant established a D agricultural partnership by lending only the name of nine relatives, such as F, etc., and entered the name of the depositor as if members jointly pay their own shares on February 2, 2011, and transferred the money in the name of the account in the name of the said association by mixed transfer.

After that, the Defendant applied for the above income business under the name of the pertinent partnership as if he was eligible for legitimate business eligibility, and acquired the property profits equivalent to KRW 464 million (excluding the self-paid share) from the head of Heung-gun in 2012 after receiving the storage of the above temperature and the delivery of one unit.

Summary of Evidence

1. Partial statement of the defendant;

1. G.

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