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(영문) 광주지방법원 2016.11.17 2016고정236
사기
Text

Defendant

A A Fine of 7,00,000 won, Defendant B of 2,000,000 won by fine, Defendant C of 7,000,000 won by fine.

Reasons

Punishment of the crime

A project to support research machinery and equipment shall consist of 20% of the livestock development fund subsidy, 30% of the local subsidy, 30% of the financing, and 20% of the self-payment (loan 30% shall be replaced by self-payment) with the subsidy granted to farmers and companies engaged in the production and use of research fees by the Ministry of Agriculture, Food and Rural Affairs through each Si/Gun.

1. On December 30, 201, Defendant A filed an application with the victim for a subsidy program for research fees for new management vehicles and equipment that partially subsidize funds for purchasing agricultural machinery on condition that a farmer bears approximately 50% of the purchase price for agricultural machinery, with a view to building a stable production foundation for assistance, etc., Defendant A received notification of the determination of subsidies of KRW 75,000,000, out of KRW 150,000,000, out of the project cost for purchasing agricultural machinery from the victim on December 30, 2011, on condition that the victim bears approximately 150,00,000,000 of the purchase price for agricultural machinery.

On December 2, 2011, the Defendant: (a) in the livestock shed of the Defendant, Y in the Jeonyang-gun, Jeonyang-gun; (b) in the name of the Defendant, Z Co., Ltd., Z had no ability to pay self-charges for the above subsidy program; (c) upon the first transfer of money equivalent to the above self-contributory charges, the Defendant again transferred the money to A; and (d) proposed that the Defendant would submit the said documents to the victim as if the Defendant had paid the money equivalent to the self-contributory charges; and (e) A conspired to receive subsidies by deceiving the victim even though the Defendant did not pay self-contributory charges, as if the Defendant had paid the self-contributory charges.

Since then, on February 10, 2012, as the Defendant and the Defendant conspired, remitted KRW 75,000,000 to the Defendant, and the Defendant, after withdrawing the said money and remitting it to AA on the same day, deceiving the victim by submitting the statement of remittance to the victim, and then deceiving the victim from the victim on April 30, 2012.

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