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(영문) 부산지방법원 2017.09.01 2016고합952
사기미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Presumption Facts] Defendant 1 is a person who actually operates an incorporated association F in the counter E-building 1104 in Changwon-si, and G is the representative of the LAB established for the purpose of the export and import business of fishery products in Seo-gu, Busan, and the J is a person in charge of the external administrative affairs due to the transfer of the LAB.

G, February 18, 2014, in relation to the land and building for a factory in Gangseo-gu Busan Metropolitan City K, which was decided to commence an auction at will, on November 28, 2014, established the L-gu, Busan Metropolitan City KM for the purpose of processing and manufacturing fishery products, etc., after participating in a voluntary auction on December 24, 2014, and registered the transfer of ownership in the name of the L-gu, Busan Metropolitan City, which was decided on January 20, 2015 after the successful bid for the factory site amounting to 6.2 billion won.

The term "subsidies for promoting local investment" means subsidies granted to local investment enterprises by the Ministry of Trade, Industry and Energy in order to induce local investment. According to Article 10 of the "Standards for State Financial Support to the Inducement of Local Investment Enterprises for Local Governments" (Enforcement of July 21, 2015), "Standards for State Financial Support for the Inducement of Local Investment Enterprises by Local Governments" under Article 19 of the "Standards for Local Government Financial Support for the Inducement of Local Government Investment Enterprises", the term "new establishment" shall be deemed investment and the scope of support shall be deemed to be eligible for support. The scope of support shall be within 30% of the purchase price of land and within 14% of the total amount of facility investment, and within 10% of the total amount of new raw materials for local investment under attached Tables 14(1), 5 and 15(1) and 6 of the same notification, the subsidy shall be provided to a small and medium enterprise located in Busan Metropolitan City (referring to a Metropolitan City and a Metropolitan City) within the scope of 10% of the new materials for investment.

[Criminal facts]

1. The Defendant’s joint crime with G and J: The Defendant attempted fraud, together with G and J, with G and M in the aforesaid case, shall hold shares.

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