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(영문) 광주지방법원 장흥지원 2017.09.19 2017고합9
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor of one year and six months, each of the defendants B, C, D, F, and H shall be punished by imprisonment with prison labor of eight months.

except that this judgment.

Reasons

Punishment of the crime

[Reference Facts] From December 7, 2006 to July 8, 2014, J was in office as the representative director of L Farming Partnership in the Republic of Korea (hereinafter “L Farming Partnership”) located in the Nam-gun, Chungcheongnam-gun, and actually operated the said Corporation.

Since around 2006, the head of Heung-gun promoted the “M business” (the supervision of the Ministry of Agriculture and Forestry and Fishery Products) with the aim of increasing farming income through the revitalization of the first processing industry through regional specialization projects, and set the total project expenses of KRW 2,334,00,00 [the subsidies of KRW 1,167,000,000 (the subsidies of KRW 7,000,000) and the Do subsidy of KRW 93,40,000,000 (the subsidies of KRW 373,60,000), and the self-paid charges of KRW 1,67,00,000].

J applied for the aforementioned subsidy program on November 13, 2006 with LAA as a business entity, and is determined as eligible for the above program on December 14, 2006, and on December 22, 2006, applied for the above subsidy program on December 22, 2006, and received a decision to grant the subsidy on December 27, 2006.

On the other hand, from around 2007, Hosong-gun established the Hanba Tourist Complex based on Ethical science and developed tourist products and tourist destinations suitable for the well-dying culture (the supervision of the Ministry of Culture and Sports tourism). From 2007 to 2011, total project expenses were total of KRW 7.2 billion (the five-year plan), total of KRW 2 billion from 2007 to 201 (the five-year plan), and the total of KRW 1.5 billion from among them, the first project expenses in 2007 were determined as KRW 1.5 billion [the amount of KRW 1 billion (the national subsidy, KRW 500 million, KRW 500 million) and KRW 500 million from the national subsidy].

The J applied for the aforementioned subsidy program on August 22, 2007 with LAF as a business entity, and is determined as the person eligible for the above program on October 24, 2007, and applied for the subsidy program on December 4, 2007, and received the decision on December 24, 2007.

Each of the above projects is subject to the advance execution of self-paid charges, and if the private subsidy provider first executes the self-paid charges to the public corporation, the contract with each of the above public corporations, receipts or tax invoices issued by the public corporation, and account transaction details issued by the public corporation.

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