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(영문) 춘천지방법원 2016.05.17 2015고단683
사기등
Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B and Defendant C are punished by imprisonment with prison labor for one year and Defendant C.

Reasons

Punishment of the crime

"2015 Highest 683"

1. As to the basic facts, Defendant A is a person who operates L in Yangwon-gu, Yangwon-gun K, Defendant B is a representative director of N in Chuncheon-si, Defendant C is a person who actually operates P in the Gwangjin-gu Seoul Special Metropolitan City P., Defendant D is a representative director of R in Q in Q, Q, and Defendant E is a representative director of T in Daejeon Daejeon-gu, Daejeon.

Defendant

A became aware on January 2012 that if a subsidy program for the modernization of livestock facilities is selected as a subsidy program for the modernization of livestock farming facilities, a new construction can be made through the improvement of livestock pens through a national subsidy or a financial institution loan. For the modernization of livestock farming facilities, each local government selects a livestock farmer as a subsidy program, 50% of the total project cost as a loan of financial institution, and 20% of the total project cost is naturally borne by a subsidy program operator.

Although the Defendants knew of the fact that the subsidized project operator should bear 20% of the project cost, the Defendants conspired to receive subsidies by pretending that Defendant A, the subsidized project operator, bears the cost.

2. Violation of the Act on Fraud and Management of Subsidies by Defendant A and B;

A. On May 30, 2012, the Defendants entered into a bilateral construction contract with the head of Yangyang-gun, Yangyang-gun, Yangwon-gun, with the content of newly constructing one unit of 57,9480,000,000 construction cost. The Defendants agreed not to bear Defendant A’s own contributions, and Defendant B had his branch U.S. deposit KRW 116,00,000 into the Agricultural Cooperative account under the name of V for the purpose of disguiseding as if he was to bear the said contributions. Defendant B returned the said money to U.S. immediately, and Defendant B returned the said money.

In addition, Defendant B is actual.

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