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(영문) 대전지방법원 홍성지원 2016.04.12 2015고단1229
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A As the representative of the “H Village Association” in Boh-si selected as the above subsidized project operator in relation to the F Project, A is a person in charge of the conclusion of the above project-related contract, claim for subsidies, receipt, and enforcement of the subsidy. Defendant B is the representative of the JAB-si, Boh-si, the construction of which was ordered by the “H Village Association” to construct F with the said subsidized project.

The above subsidized project is to establish a warning plan in 2013 to strengthen agricultural competitiveness by expanding the capacity to store agricultural products and store agricultural machinery in the Chungcheongnam-do Environment Agriculture Department. The total subsidized project cost consists of 35% of the Do subsidy, 35% of the Si subsidy, 35% of the Si subsidy, and 30% of the self subsidy, and the subsidized project operator was obliged to carry out the project with his own preference. The above H Village Association was selected as the above subsidized project operator around July 2013.

Although the Defendants knew of the fact that the subsidized project operator should bear 30% of the project cost, the Defendants conspired to receive subsidies by pretending to the transaction details as if the subsidized project operator bears the total amount of the subsidized project cost.

Defendant

A submitted a subsidy application and a project plan to newly construct F in Boan City with respect to F business in Boan-ro 77, Boan-si, Boan-si, Boan-si, the amount of which is KRW 177,931,00,000, in connection with the F business, and the Defendants entered into a new construction contract with the total project cost of KRW 177,931,00,000 in the M architect's office located in Boan-si, Boan-si on November 18, 2013, and around November 20, 2013, Defendant A returned KRW 60,000,000 from Defendant B in cash, around December 20, 2013.

Since then, around February 18, 2014, Defendants were performing construction works at KRW 195,483,00 (the 136,838,000 won subsidized, the 58,645,00 won subsidized, and the 58,645,00 won subsidized) with the Ministry of Agriculture and Forestry’s total construction cost.

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