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(영문) 대구지방법원 김천지원 2013.05.10 2012고합339
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for three years, respectively.

The defendant as to any seized evidence 1 to 8.

Reasons

Punishment of the crime

Defendant

B is the representative director of H, Co., Ltd., which is the Gdozer Manufacturing Business in Bupyeong-si, Seocheon-si, and the defendant A is the Kimcheon Branch of the I Co., Ltd., who is supplied with Gdoz from the defendant B and sold it.

The local government, as part of raising farming desire and reducing the cost of the farmer's management, imposed the "J project" on the farmer suffering from business difficulties due to the increase of international source oil, and imposed the "J project" on the farmer with the national subsidy by installing Gioners, etc. on the farmer with the national subsidy (60% = 30% of the national subsidy) and the farmer's self-payment (40%). The local government decided to pay the subsidy of 60% of the national subsidy according to the ratio only to the farmer who installed the wind season with the national subsidy.

Accordingly, the defendants paid self-charges to farmers who have been adversely affected in the installation of Gion machine due to their own charges to sell Gion machine high-priceds, and the rest of them are treated as subsidies, and they obtained the consent of farmers while they are able to install Gion machine without any burden. After calculating the price of Gion machine more than twice the amount to be borne by farmers to set up self-charges and to maximize profits, the defendants were willing to apply for subsidies by pretending that farmers were borne by them even though they did not bear self-charges.

1. Defendant B who applied for subsidies in 2010 supplied Gion Pungs to Defendant A in accordance with the above criminal activity plan, and Defendant A was selected from the Kimcheon-dong in Kimcheon-dong around October 2010 as an environment-friendly agriculture division of Kimcheon-si, and from the J projects implemented in Kimcheon-si in 2010 as an eligible farmer of the J Project in 2010, with the payment of 18,000,000 won of K’s own shares without the burden of K’s own shares.

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