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(영문) 창원지방법원 마산지원 2020.02.14 2019고합86
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for three years, and the defendant C shall be punished by a fine of KRW 20 million.

except that this judgment.

Reasons

Punishment of the crime

[Status of Parties] Defendant A is a general director of a D Corporation established for the purpose of agricultural management and production of agricultural products, business related to joint sale of agricultural products, establishment and operation of joint-use facilities, etc. (hereinafter “D Corporation”), who is engaged in agriculture in the Mucom-gu E System in Changwon-si E System in Changwon-si.

Defendant

C Co., Ltd. (hereinafter referred to as “C”) is a corporation established for the purpose of the installation of a greenhouse room in the Guri-si and the sale of materials, and Defendant B is the representative director of Defendant C.

【Support Project for Improvement of Quality of Facilities for Facilities)

1. The Ministry of Agriculture, Food and Rural Affairs, along with the outline of the project for subsidizing the quality improvement of facilities, implemented the "project for improving the quality of facilities," the facility modernization of a specialized complex and the "project for improving the quality of facilities," the content of which is 100 places for the extension and reconstruction of the complex by providing subsidies, such as government expenses, Do expenses, local expenses, etc., in order to improve the quality of, and to build a foundation for the stable export of, nuclear products by supporting the modernization and specialization of facilities in response to FTA/DA facilities in response to the FTA/DA.

In particular, the subjects of support for the improvement project of the quality of facilities are quantitative cultivation facilities, mass recycling facilities, facility complex environment control facilities, energy-saving and heating facilities, automatic conditioning and heating facilities, automatic ruptures, glass temperature rooms and automated temperature rooms, etc. as part of the modernization of facilities, and the cost of facility modernization and the cost of expanding and remodeling the greenhouse were subsidized at a certain rate on the condition that the self-charge should be executed first.

2. Specific facts of crime;

A. (1) Defendant A and Defendant B’s joint criminal conduct (violation of the Act on the Management of Fraud and Subsidy) related to the project for the improvement of the quality of the facility specifications in 2011 was designated as the subject of the project for the new construction of the free temperature room (the project amounting to KRW 1.04 billion), which is one of the projects for the improvement of the quality of the facility specifications in 2011, and Defendant A entered into the construction contract with Defendant B around January 26, 2012.

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