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Reasons
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(영문) 부산지방법원 2015.12.10 2015고단5861
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was the representative director of the corporation B, and (B) was designated as a preliminary social enterprise by the Busan Metropolitan City Mayor on September 11, 2012, as a corporation established for the purpose of building cleaning and sanitary management service business.

On June 3, 2013, the Defendant submitted an application for subsidies of KRW 5,404,00 for the job creation of a prospective social enterprise in May 2013, along with the worker management card, the worker list registered C, D as an employee, wage ledger, work status ledger, and wage transfer copy, etc., and submitted an application for subsidies of KRW 1,107,00 and KRW 1,107,000 for the job creation project to C around June 10, 2013, and KRW 1,107,00 for the job creation project to D, and KRW 1,107,000 for the job creation project, and KRW 30,00 for the total amount of subsidies from the Busan Bank (E) account in the name of B, and received KRW 301,00 from the Busan Bank account (E) to the end of April 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Written statements of D;

1. Requests for the payment of subsidies for the development expenses of each social enterprise and the application of statutes requesting the payment of subsidies for each social enterprise;

1. Article 40 of the Act on the Management of Subsidies under Relevant Articles of the Act on the Management of Subsidies for Criminal Facts (the point of illegal receipt of subsidies) and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent offenders, the fact that the amount of subsidies obtained by deceitation or fraudulent receipt of the reasons for sentencing is not stated in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the amount of subsidies received in connection with C, which is not returned; and

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