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(영문) 대전지방법원 논산지원 2016.06.14 2015고단747
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 20, 2012 to June 29, 2014, the Defendant is a person who operates a construction company of agricultural materials rooms and sub-converts with the trade name of “D” in Seosan City, and from Jun. 30, 2014 to Jun. 30, 2014, the Defendant is a person who cultivates crops by using the sub-converts facilities in Seosan-gun, Chungcheongnam-si.

As part of energy use efficiency projects since 2012, the Ministry of Agriculture and Forestry implemented an energy saving facility installation support project that grants the remainder of 50% to the State, Do, Si, Gun, etc. when farmers pay 50% of the total project cost (hereinafter “self-charges”) as part of the energy use efficiency project.

Although the Defendant entered into a contract with only a part of the amount to be borne by G, H, G, and H, the Defendant intended to obtain the amount of subsidy from the victim Seocheon-gun by making a false financial transaction statement, a false estimate, etc. as if he paid the full amount of G, H’s contribution.

1. Although the Defendant and G entered into a construction contract with G around November 2012, which imposes KRW 3,00,000,000 among the Defendant’s shares, at the place of business of the said G, which is located in the area of 45,540,000 square meters of the Plaintiff’s shares, the Defendant submitted a false financial transaction statement and a written estimate to the office of Seocheon-gun, Seocheon-gun, Seoul, as if G were fully paid KRW 22,770,00 of the total project cost (the subsidies amounting to KRW 22,770,00 of the Plaintiff’s shares, KRW 22,770,00 of the Plaintiff’s shares) in collusion with G.

However, on December 14, 2012, the Defendant: (a) transferred the Defendant’s money of KRW 20,000,000 to the Agricultural Cooperative (J) account under the name of G around December 14, 2012; and (b) made false financial transaction statements to pretend that G bears the full amount of the project cost.

In collusion with G, the Defendant would make another disbursement of false financial transaction statement, false quotation, false tax invoice, etc. in collusion with G on January 2013, 2013.

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