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(영문) 창원지방법원 2017.02.02 2016고합285
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A 3 years of imprisonment, Defendant B 2 years of imprisonment, Defendant C and D Co., Ltd., respectively. 1.

Reasons

Punishment of the crime

[criminal record] On October 20, 2016, Defendant B was sentenced to a suspended sentence of three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the branch court of Changwon District Court on March 20, 2016, and the said judgment became final and conclusive on December 9, 2016.

[ criminal facts] Defendant A is the in-house director of Defendant C Co., Ltd., and Defendant B is the actual operator of Defendant D Co., Ltd., a fishery production company located in Changcheon-si, Changwon-si, Changwon-si, and Defendant B is the actual operator of Defendant D Co., Ltd.

Changwon-si has carried out the business of providing subsidies (30%, 10%, 20%, and 20%) to cover 40% of the construction cost of a fishery product processing plant on the condition that the subsidized business operator bears 40% of the construction cost of a fishery product processing plant in its jurisdiction in accordance with the "Plan for Promotion of Projects Supporting Public Facilities by Fishery Products" in the Gyeongnam-do to secure self-sufficiency in fisheries through modernization of a conventional processing plant and revitalize the regional economy. The subsidized business operator selected a stock company operated by the Defendant A as a subsidized business operator and supported the purchase of a production facility by constructing one processing factory in Chang-si, Changwon-si, Changwon-si.

1. No subsidy shall be granted by filing a false application for a joint crime committed by Defendant A or B or by any other unlawful means;

Defendant

A, even though there is no intention or ability to pay self-paid charges corresponding to the actual cost of construction, A made a standard contract with the intention to deny the payment of the construction cost, and made a proposal to set up the construction cost in the K office located in the Kimhae-siJ around October 16, 2012, and B accepted it, even though the estimate of the construction cost was calculated in an amount equivalent to KRW 850,000,000 in the actual calculation of the construction cost in relation to the construction of Kim processing Factory and Production Facilities, A prepared a standard contract with KRW 1,32,00,000 in the actual calculation of the construction cost.

Accordingly, Defendant B is so unfastened as above.

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