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(영문) 대구지방법원 안동지원 2017.10.20 2016고정219
사기
Text

1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.

Reasons

The summary of the facts charged is that the Defendant is a person who actually operates C, a corporation established for the purpose of construction business, and D is the owner of “F farm” located in E permanent residence, and G is a person who leased the above farm around October 2013 as the Defendant’s elementary school-friendly district and entered into a partnership agreement with the above D concerning the operation of the farm.

From January 209, according to the Special Act on Assistance to Farming and Fishing Business Operators following the Free Trade Agreement and the Livestock Industry Act, from around January 2009, the “FTA Implementation Support Fund” was supported by 80% (30% of the National Treasury subsidies and 50% of the loans) of the construction amount to livestock farmers and the “H” under this process that the subsidized business operator bears 20% of the construction amount. The Defendant and G have access to D with the knowledge that D is leaving the above F farm while leaving the farm, even though they did not have the intent or ability to pay the self-charges, they attempted to conceal the fact and to embezzlement part of the funds by having D apply for the National Treasury subsidies and livestock collaboration loans to the Agricultural Technology Center in the case of permanent residence.

Accordingly, after having obtained D’s consent by making D’s false statement that “D has the Ha of the Gyeong-do Office, which is 20% of the project cost, and 173,148,000 won of the project cost, will be paid by us, and the project will be carried out together.” On September 16, 2013, a notary public located in Ansan-do Office entered into a partnership agreement with J law firm on October 17, 2013, and the Defendant entered into a contract for remodeling works for D and F farms on November 11, 2013.

In addition, on November 13, 2013, the Defendant and G planned to make the most advanced payment of their own charges as the Defendant failed to prepare 173,148,000 won for those who were to bear G at the office of the head of the agricultural branch of the agricultural cooperative branch located in Ycheon-dong, Seoul Special Metropolitan City on the permanent residence of November 13, 2013, and then deposit KRW 110,000,000 with the agricultural cooperative account of D around 11:46 on the same day, and deposit the said amount in the name of D Co., Ltd. at around 11:59 on the same day, and the Defendant deposited the said amount in the name of C around 12:04 on the same day, G around the same day.

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