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(영문) 대구지방법원 의성지원 2014.02.06 2013고단275
사기
Text

Defendant

A, C, and D shall be punished by imprisonment with prison labor for 4 months, and Defendant B for one year.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A As a representative director of K Farming Partnership, Defendant C, and Defendant D are representatives of M (it is changed to N corporation around June 2009), the victim Cheongsong-gun, which are supported by the victim Cheongsong-gun with military expenses, and Defendant B is the representative director of an O corporation that establishes low temperature storage while Defendant B is the representative director of an O corporation that establishes low temperature storage.

1. Defendant C/B’s selection of Defendant C/B as a subsidized business operator of the support project on the condition that Defendant C/B would bear self-charges (25 million won) from the Cheongsong-gun, and in fact, Defendant C/B conspiredd to deceiving the victim as if Defendant C actually bears the cost of construction of the low temperature storage and the new construction cost of KRW 100 million, while the new construction cost was KRW 125 million, and as Defendant C/B actually bears the burden of KRW 25 million among them, as if Defendant C actually bears the burden of self-charge.

Accordingly, on April 21, 2009, Defendant B submitted a written claim for advance payment related to the above subsidy to the victim and received advance payment KRW 70 million from the victim on April 29, 2009.

Since then, on October 26, 2009, Defendant C received 25 million won from Defendant B, which is equivalent to self-paid charges, and again remitted to the account under the name of the O Co., Ltd. on the same day, and prepared a false request for subsidies as if Defendant C assumed self-paid charges in relation to the above subsidies, and received the remainder of the subsidies from the victim on November 30, 2009.

As a result, Defendant C/B conspiredd to deceive the victim and received a total of KRW 100 million as a subsidy.

2. Defendant D/B’s selection of Defendant D as a subsidy business operator of the Support Project on the condition that Defendant D would bear self-charges (25 million won) from the Cheongsong-gun, and in fact, Defendant D/B actually bears 125 million won, even though low temperature storage and new construction cost was KRW 100 million, and 25 million out of them was actually borne by Defendant D as Defendant D’s own shares.

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