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(영문) 대구지방법원 2014.08.29 2014고합239
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

As the head of the administrative office of the medical corporation E (hereinafter referred to as “E”) and social welfare foundation F (hereinafter referred to as “F”), the Defendant is the Defendant’s father, who is the head of the administrative office of the medical corporation E (hereinafter referred to as “E”) and the head of the social welfare foundation F (hereinafter referred to as “F”), G is the actual operator of the corporation I (hereinafter referred to as “I”) and established for the purpose of heating construction business, etc., and the Defendant and G, while operating these corporations, have overall control over the affairs such

On March 31, 2010, Sung-gun concluded a concession agreement with K corporation and L development project to be jointly established by D and J. Around August 2010, D and J jointly selected K corporation as a joint representative among L development projects, K corporation as a joint representative of D and J, E as a subsidy provider of new elderly sanatorium, as a subsidy provider of new elderly sanatorium, D as a representative of D, as a new elderly welfare facility, and as a subsidy provider of new elderly welfare facility, D as a representative, around October 2010.

On March 9, 2011, E and F entered into a N Contract for Construction of Elderly Care Facilities and Welfare Facilities for the Aged in the construction cost of 1.366 billion won between I and I.3 billion won.

Criminal facts

1. Around March 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was selected as a subsidized project operator of L development projects and paid 3 billion won for himself/herself, but it was not prepared. Accordingly, even if he/she was selected as a subsidized project operator of L on October 2010, the Defendant did not have any intent or ability to pay 256 million won for himself/herself.

Nevertheless, the Defendant is obligated to raise the self-paid charges by means of receiving a part of the subsidies immediately after receiving the subsidies for construction cost from I, and ultimately, it is ultimately obligated to bear the self-paid charges.

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