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(영문) 광주지방법원 2012.11.30 2012고단4905
사기등
Text

[Defendant A(1) and X(24)] Defendants shall be punished by imprisonment for two years.

[Defendant B] The defendant shall be punished by imprisonment with prison labor of one year and four months.

Reasons

Punishment of the crime

To the extent that it does not disadvantage some defendants to exercise their right of defense, the circumstances of the case stated in the indictment without the amendment procedure were modified in accordance with the facts obtained through the examination of evidence.

1. Cases 2012 Highest 4905

A. Under the underlying facts, Defendant A is a constructor operating a wood pelpelpel equipment installation company (State BBJ) in Gwangju Mine-gu, and Defendant B and C is a business director of the State B and CJ, under the direction of Defendant A, who takes charge of the sale and installation of the wood pelpellets equipment to the facility costs farmers.

On the other hand, BK, BL and Defendant D, E, F, G, H, H, J, K, L, M, M, N, P, Q, Q, Q, M, T, U, V, and W are facility source farmers selected as subsidized business operators of the Ministry for Food, Agriculture, Forestry and Fisheries [ Timber pellets] who are promoted by the Ministry for Food, Agriculture, Forestry and Fisheries as part of a new energy business.

The above wood pellets support project is a subsidy program operator who intends to install a wood pelpel boiler for the efficient use of energy by the facility operators, and if the relevant farm household installs a wood pelpel boiler, 30% of the total project cost shall be subsidized by the local government, and 30% of the total project cost shall be subsidized by the local government, and the remainder of 40% shall be subsidized by the subsidy program operator.

Although the Defendants knew that the subsidized project operator should bear 40% of the project cost, they conspired to receive subsidies from the State and the relevant local government by pretending to have the subsidized project operator bear the self-charges.

B. Criminal 1) Defendant A’s violation of the Act on the Fraud, the Act on the Budgeting and Management of Subsidies, and the Management of Subsidies on July 201, 201 (State) equivalent to KRW 100,500,000 of project expenses and the total project expenses selected as a subsidized project operator of the Victim BJ office at the early 201.

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