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(영문) 제주지방법원 2016.12.22 2016고합102
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for three years.

However, as to the defendants for 4 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Fisheries PartnershipF (hereinafter referred to as the “F”) who carries out the joint shipment, processing, and export of fishery products and other special products in Jeju in E, and Defendant B is an investor of F who operates F in the same manner with Defendant A. Defendant C is the representative director of the Fisheries Partnership H (hereinafter referred to as “H”) who carries out the joint shipment, processing, and export of fishery products in Jeju.

Defendant

A While F was selected as a subsidized project operator of “I” in 2013 implemented by Jeju Special Self-Governing Province and carried out “I new construction” projects, around December 2014, the Jeju Special Self-Governing Province submitted to the Jeju Special Self-Governing Province a business plan to purchase and install “fishery products cooking and processing equipment” to newly construct an existing subsidized project and then submitted to the Jeju Special Self-Governing Province for “I in 2013” and was selected as an additional subsidized project operator on February 1, 2015, and received a decision to grant “a modified subsidy (amount of subsidy)” to provide KRW 1.358 billion in total, which was additionally selected as an additional subsidy of “I” of the previous 2013 Jeju Special Self-Governing Province.

However, immediately after the decision to grant the above subsidies was made, the Jeju Special Self-Governing Province shall not grant a subsidy increase to the existing subsidized projects due to the revision of the Guidelines for Subsidies and Financial Accounting of the Ministry of the Interior and Safety, and the cancellation of the “decision to grant a subsidy”, Defendant A shall not only be obliged to plan to purchase or install “fishery products cooking and processing equipment” after being granted the subsidy in 2013, but also shall not be able to receive the same kind of subsidy for the next five years in accordance with the criteria for the restriction on the grant of subsidies by the Ministry of Oceans and Fisheries because F is unable to receive the subsidy for the next five years.

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