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(영문) 제주지방법원 2016.09.30 2016고단1469
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Jeju Special Self-Governing Province has promoted the C Support Project to support the cost of investment in manufacturing facilities to small and medium enterprises in the Jeju Special Self-Governing Province that intend to introduce new manufacturing facilities.

The defendant is the representative director of the Dispute Resolution Co., Ltd. (F.) in Jeju-si.

In spite of the fact that the Defendant had not purchased the “sprinking machine” eligible for the above support project from the Ilwon Machinery (State), he/she submitted a “application for participation in the C Support Project” to the public official in charge of Jeju Special Self-Governing Province around August 31, 201 who purchased the said machine at KRW 165,00,000, and submitted a “application for the grant of subsidies” to the public official in charge around December 8, 201, and submitted a “application for the grant of subsidies” to the public official in charge around December 15, 201, who received a decision of KRW 67,200,000 from the Jeju Special Self-Governing Province on December 15, 201 to provide the said public official with the settlement of the cost of production at KRW 165,00,00 on December 30, 201.

As above, the defendant deceivings a public official in charge of the Special Self-Governing Province for the Jeju Special Self-Governing Province for the victim, and took over KRW 67,200,00 as a subsidy for C Support Project around December 16, 201 to the Jeju Bank account (Account Number: G) in the name of E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, I, J, K, L, or M;

1. C Support Project plans, an application for participation, an agreement, a subsidy application, a project plan, a tallying report, a product inspection report, an account statement of subsidized projects, an expenditure resolution, and a final report of C Support Project;

1. Application of each Act and subordinate statutes on account details (The 1618th, 1690th, 1695, 1697 of investigation records);

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Article 347 (1) of the Criminal Act and the choice of fines;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: article 334(1) of the Criminal Procedure Act;

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