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(영문) 제주지방법원 2014.06.26 2013고합43
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A 4 years of imprisonment, 3 years of imprisonment for Defendant B, 2 years of imprisonment for Defendant C, and 1 year of imprisonment for Defendant D.

Reasons

Punishment of the crime

Defendant A, as the representative director of the Y Co., Ltd. (hereinafter referred to as “Y”) from November 2009, Defendant A, from around November 2009, actually operated the company. Defendant B, as the former representative director of Defendant E Co., Ltd. (hereinafter referred to as “E”), Defendant C, as the head of the headquarters of Japanese Z Food and Drug Overseas Business from June 201 to August 2010, is a person employed by Y as the head of the monthly salary class, who was employed by Y, such as serving as Y’s representative director, and Defendant D, as the actual representative director of AA (hereinafter referred to as “AA”).

E was selected as a project undertaker in 2010 of AB implemented by Jeju Special Self-Governing Province in 2008 and was scheduled to operate a AC project in the total project cost of KRW 5 billion (the national subsidy of KRW 2.5 billion, local subsidy of KRW 1.5 billion, and self-payment of KRW 1.00 billion) but around December 2009, Jeju Provincial Council partially reduced local subsidies and did not receive national subsidies. Unless there was a supplementary revised budget allocation in Jeju Special Self-Governing Province, it became difficult to proceed with the proposed subsidy project in 2010.

Since then, on February 12, 2010, E applied for the selection of a subsidized project operator to the wals special department of Jeju Special Self-Governing Province, and around March 8, 2010, E was selected as a subsidized project operator of "AC project in 2010", which is the project cost of KRW 5 billion (2.5 billion for national subsidies, KRW 1.5 billion for local subsidies, KRW 1 billion for self-support). However, on the contrary to the strong opposition of some members of the Jeju Special Self-Governing Province Council, the allocation of additional local subsidies to the general revised budget of Jeju Special Self-Governing Province in 2010 was unclear, making it difficult to proceed with the subsidized project. Accordingly, Defendant B had individually contacted the members of the Jeju Special Self-Governing Province in charge of agriculture, forestry and fisheries, but there was no separate outcome.

Defendant B was aware of the above difficult situation and the financial difficulties of E. The Agricultural and Fishery Food Distribution Corporation.

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