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(영문) 울산지방법원 2014.07.11 2014고단737
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates flower farming in Ulsan-gun, Ulsan-gun, and C is a person who operates E in Gyeonggi-si, Gyeonggi-do.

On February 2, 2012, the Defendant: “Around 2012, the Defendant prepared a false document as if he directly executed the total cost of KRW 37,600,000 of the project cost for the creation of a automatic ventilation system related to the project for the modernization of the 2012 Fire Production Complex; “A person who received subsidies of KRW 18,300,000 equivalent to the total project cost of KRW 50% from the U.S. Military Administration,” and C consented thereto.

On June 14, 2012, the Defendant: (a) remitted KRW 20,100,000 to the Agricultural Cooperatives passbook (Account NumberF) in the name of C under the name of its own charges; and (b) pretended to have executed the full amount of its own charges by obtaining return of KRW 9,20,000 from C; and (c) as if the total project cost was incurred in installing the automatic ventilation system, C gave the Defendant a tax invoice, quotation, etc. stating false details as if the total project cost was equivalent to KRW 37,60,000.

On June 12, 2012, the Defendant filed an application for subsidy support with a public official in charge of G, who is located in Ulsan-si, Ulsan-si, Ulsan-do, 245-2, stating that “The foregoing construction was completed at KRW 37,600,000 of the total project cost, and paid KRW 20,100,000 of the double charge, which is 18,300,000 of the double charge, which is 50% of the subsidies,” and submitted a written confirmation, tax invoice, estimate, etc., stating false evidentiary materials.

Accordingly, the defendant, in collusion with C, had the victim military service by deceiving the victim military service, and had the victim military service transferred 18,300,000 won to the agricultural bank passbook (Account Number H) in the name of the defendant on July 4, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to I by the police;

1. Investigation reports (Attachment to the details of the subsidy payment account);

1. Application of project application and Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment

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