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(영문) 춘천지방법원 2016.09.29 2016고단687
사기등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person selected as a subsidized business operator of F Business (hereinafter “the subsidized business in this case”) while operating the china in the name of “E” in Chuncheon City D, and Defendant B is a contractor who operates a livestock equipment and equipment business, such as a china, cryp, etc., in the trade name of “H,” from Cheongsan-si, and Defendant B is a contractor who operates the livestock equipment and equipment business.

The instant subsidized project shall appropriate 30% of the total project cost to be subsidized by the State for the renovation of a fish farm, which is a livestock shed facility, with the subsidies granted by the State, and 50% of the total project cost shall be appropriated to the loans granted by the Agricultural Cooperative of the Chuncheon Livestock Industry to the construction executor, and 20% of the subsidies shall be borne by the subsidized project operator (hereinafter “self-charges”). To receive the said subsidies and loans, the subsidized project operator is required to submit evidence that the subsidized project operator paid all its own contributions to the construction executor.

Defendant

At the end of August 2013, A requested Defendant B to “a refund of any deficit in funds” while requesting the replacement of the E-F livestock market facilities, and Defendant B did not receive the self-charges. However, in order to create the basis for the payment of the person’s contribution to receive the subsidy and the loan, Defendant B deposited the construction cost corresponding to Defendant A’s own contribution into Defendant B and used the method of receiving the refund.

Accordingly, Defendant A shall deposit KRW 19,320,80 on December 6, 2013 as the person’s charge, and Defendant B shall deposit KRW 19,320,80 on the same month.

9. The same amount was deposited into Defendant A’s Schedule I’s account.

Nevertheless, on December 9, 2013, Defendant A submitted an application for subsidies as if he/she had borne the self-paid charges by attaching a receipt of self-paid charges and a tax invoice, etc. at the K-Myeon office located in the Chuncheon-siJ.

Accordingly, on December 9, 2013, L of public official belonging to the above Myeon Office is “written confirmation of completion (performance)” with the knowledge that Defendant A paid self-charges to Defendant B in a normal manner.

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