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(영문) 대전지방법원 논산지원 2018.01.16 2017고정81
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs a business to build a bar with the trade name of C in the field of debate.

On November 2016, 2016, the Defendant requested the Defendant to proceed with the procedures necessary for the claim and settlement of subsidies from the E, which performed the work of installing a house in the victim D’s ancient farm without the registration of the business operator. On December 2, 2016, the Defendant claimed a subsidy for the project of supporting the facilities for growing a house in the name of the said C to the Seocho-si Office in the Seocho-si Office in the early 2016, and the Defendant called the victim by telephone and called the victim “at the end of 2-3 days after the completion of the work was received.”

If the money is sent to the account as deposited, it would be sent to the account in the name of the victim again.

However, even if the defendant received money from the injured party, he did not have any intention or ability to return the money to the account in the name of the injured party.

On December 14, 2016, the Defendant received 13.2 million won as a subsidy from the Dosan Viewers on December 14, 2016 from the victim, and then acquired 13.2 million won as above from the victim to the Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Some of the statements made by the police in relation to E;

1. Application of Acts and subordinate statutes on the transaction of passbooks (Evidence No. 15, 16 pages);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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