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(영문) 대전지방법원 공주지원 2015.06.17 2015고합12
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of three million won, and Defendant B shall be punished by a fine of three million won.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is a person who was in office as the representative director of “E Farming Partnership” located in D during the period from October 2003 to August 1, 2014, and Defendant B was an employee who was in office for the accounting of the said Corporation from November 2011 to the affairs such as expenditure and revenue amount of the said Corporation.

1. Defendant A

A. A. Around April 21, 2009, the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and the Subsidy Management Act committed a project to create the F Distribution Center that is newly built on one parcel outside D in public cities in public cities, along with false tax invoices, construction completion books, performance reports on subsidized projects, etc. attached to the public audience, and applied for subsidies of KRW 500,000,000, 100,000, 100,000,000, 100,000,000,000,000, in addition to the subsidies.

However, in fact, the Defendant received a tax invoice, etc. with the contents of KRW 92,800,000,000, from GWn company in charge of freezing facilities among the above new construction works, and received a separate refund of the said amount. In the same way, the Defendant applied for a subsidy by withdrawing the construction cost of KRW 175,341,00 in total, by receiving a refund of KRW 82,541,00,00 in total from GWn and H Electricity, and the construction cost actually paid to KRW 832,09,00 in total.

As such, the Defendant, by deceiving a person in charge of public viewing, received a total of KRW 700,000,000, including KRW 500,000,000, from a public city in which he was affiliated, as well as a total of KRW 935,00,000, as stated in the separate sheet by the same method from that to May 2014, at the same time, received a total of KRW 660,000,000 by false application or other unlawful means.

(b) The total floor area constructed in an Eup/Myeon to operate agriculture or fisheries in violation of the Building Act;

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