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(영문) 전주지방법원 2017.05.11 2016고정840
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant leased the name of “D” business operator in the name of “D” and was in charge of construction related to the housing facility modernization project. E is a person who operates the G from Kim Jong-si F with a mutual friendship farm, and C is a person who operates D at H in the Hasan-si.

The Defendant, along with E and C, applied for State subsidies for the project to set the construction cost at a higher level than actual ones by using the entity selected as a subsidized project operator of “I” and gathered the difference, and entered into a contract for the repair and repair of the roof of KRW 18,000,000 for construction cost on June 13, 2012 with C as the person registered as a business operator and E as the two parties.

Nevertheless, the Defendant, along with E and C, prepared an application for subsidies, etc. to the effect that “the above construction cost is KRW 7,614,00,000, loaning KRW 12,690,000, and KRW 5,076,00,00,” as if the Defendant paid the construction cost of KRW 7,380,00, higher than the actual cost, and submitted to the head of Kim Jong-si for payment of KRW 7,614,00,00 from the Kim Jong-si on February 4, 2013.

As such, the Defendant, in collusion with E and C, by deceiving a person in charge of the Kim Jong-si Office, obtained pecuniary benefits of KRW 7,614,00 from the victim Kim Jong-si, and received KRW 7,614,00 from Kim Jong-si by false application or other unlawful means.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police to J;

1. Each financial transaction details, the details of the payment of I Project Subsidies (6j), the details of requests for the payment of I Project Loans, the inquiry of the Director of the Loan, the guidelines for the project for the modernization of livestock facilities, the selection of a farmer for the modernization of livestock pens facilities, the application form for the project for the modernization of livestock pens facilities, the decision on the grant of subsidies for the I Project, the written decision on the grant of subsidies, the approval and the settlement of the I Project Subsidies, the review report on the completion of the I Project, the tax invoice, the performance (defect) guaranty insurance policy, the

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