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(영문) 광주지방법원 목포지원 2013.10.25 2013고단1346
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant was selected as a non-governmental subsidy business entity for building a local cable broadcasting network in 2009 and 2010, which was conducted by the Newanan-gun in order to resolve difficulties in viewing and listening to island areas.

From June 2009 to August 2009, the Defendant performed the establishment of the cable broadcasting network in the newannam-gun C and D, and filed a claim for payment for the completed portion with the public official in charge of the newly established cable broadcasting network as if all new materials were used in the cable broadcasting network construction work.

However, the defendant used used used used used materials such as extension width, optical connection box, optical transmission device (ONU), etc. among the materials of cable broadcasting network construction.

Nevertheless, around June 26, 2009, the Defendant, by deceiving the victim as above, received KRW 170,000,000 from the victim to the Defendant’s post office account as a subsidy, and acquired 60,469,596 won in the difference between the new and used materials and the used materials.

B. From May 2010 to July 2010, the Defendant: (a) performed the construction of cable broadcasting network in the Da and D in the Danan-gun of Newannam-gun; and (b) claimed a payment for the completed portion as if all the public officials in charge of the Danan-gun of the victim’s New Airport were using new materials

However, the defendant used used used used used materials such as extension width, optical connection box, optical transmission device (ONU), etc. among the materials of cable broadcasting network construction.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50,000,000 from the victim as a subsidy on June 29, 2010, and acquired KRW 30,000,000 from the victim to the Defendant’s post office account on July 29, 2010, and acquired KRW 39,360,000 in the difference between the new and used materials.

2. The Defendant violated the Public Waters Management and Reclamation Act, from December 3, 2009 to May 14, 2010, installed cable broadcasting submarine cables without obtaining permission from the competent authority for occupation or use of the public waters from the landing place in the former Nanannam-gun C to the Fanche in the same Gun D.

b)a summary of the evidence;

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