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(영문) 춘천지방법원 영월지원 2015.03.27 2014고단607
보조금관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the quantitative industry with the trade name “D” in Gangwon-do.

On May 9, 2012, the Defendant was selected as a recipient of the “project for modernization of livestock pens facilities in 2012” from Thai City on May 9, 2012, and instead, instead of bearing KRW 123,892,00, the Defendant was paid KRW 185,837,000 and KRW 309,729,000.

On May 2012, the Defendant: (a) concluded a contract with the installation business entity of a mass rink E to meet the costs of KRW 399,000,000 for the installation of a mass rink to modernize the livestock shed facilities in the above D; (b) prepared a written estimate of KRW 49,200,000 for the construction cost; and (c) submitted the related documents to the solar viewing to use the difference in the subsidies for other purposes.

On September 2012, the Defendant submitted a report on the commencement of the project for the modernization of livestock pens facilities at the office of the department related to the Taecheon-dong, Taecheon-dong, Taewon-dong, Taewon-si, and caused a person in charge of false name-based affairs to mistake as if he had a person in charge of false name-based affairs install a mass-type case equivalent to KRW 499,200,000, which is not aware of the fact that the construction cost was unfford.

However, as above, the Defendant did not have the intent or ability to use the remaining money for the same purpose as the report submitted even if it was delivered, since the Defendant decided to install the china case in 399,000,000.

Nevertheless, the Defendant was granted KRW 309,729,00 as a loan on September 28, 2012 from the time when the victim was born at the end of the foregoing false statement, and KRW 185,837,00 as a national subsidy.

As a result, the Defendant was provided subsidies by deceiving the victim, deceiving the money, and at the same time receiving a false application.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of F and G:

1. The implementation of the loan support for the modernization of livestock facilities in 2012;

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