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(영문) 전주지방법원 2018.02.22 2017고단2594
사기등
Text

Defendants shall be punished by a fine of KRW 2,500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is a farmer selected as a subsidized project operator from Kim Jong-si in connection with the C project implemented by the Ministry of Agriculture and Forestry, and Defendant B is a person who entered into the construction contract with the above A in relation to the above subsidized project and installs a vinyl repair facility.

When it is selected as a subsidized project operator of the above C project, part of the total project cost shall be subsidized by the State or local government, and the remainder shall be borne by the subsidized project operator to proceed with the project.

Although the Defendants knew that the subsidized project operator ought to bear part of the project cost as above, they pretended to bear the subsidized project operator A’s own share, Defendant B, who is a construction business operator, was willing to pay the relevant funding and receive the subsidy.

On August 18, 2014, the Defendants entered into a contract for the construction of the renovation of a plastic house with an amount equivalent to KRW 70,900,000 of the total project cost ( KRW 14,180,000 of the State subsidy, KRW 21,270,00 of the local subsidy, KRW 35,450,00 of the self-paid subsidy, and KRW 35,000 of the self-paid subsidy) in the facility downstream of Defendant A, located in Kim Jong-siF, and Defendant B entered into a contract for the construction of the renovation of a plastic house with a view to disguised the payment of all the Defendant’s charges, even though the Defendants agreed to receive some of the Defendant’s charges on behalf of the Defendant B in the said contract, as if they were to have paid all the Defendant’s charges.

4. KRW 23.5 million in total, including KRW 8 million and KRW 500,000 in the same day, shall be deposited into the agricultural cooperative account under the name of the defendant A, and the defendant A shall have KRW 5 million on September 6, 2014 and KRW 18 million on May 1, 2014, and the same month;

6. A total of KRW 35,475,000, including KRW 12 million and KRW 475,00,000, was deposited into a D account.

Since then, around October 2013, the Defendants stated in the written indictment that Defendant G was “Defendant G” in this part of the written indictment at Defendant Kim Jong-si Office, but corrected as a clerical error.

The deposit certificate, etc. is the same as the actual share is paid.

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