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(영문) 청주지방법원 2018.11.12 2017고합306
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, Defendant C, D, and E shall be sentenced to one year and six months, and Defendant B shall be sentenced to imprisonment for ten months, respectively.

Reasons

Punishment of the crime

G Agency from around 2009 to 2020, “H business (the change of its name from around 2014 to “I business” (the change of its name)” is promoting H business. G agency’s J Center selects “participating company” of the said H business, and when the said participating company executes a construction contract for new renewable energy facilities with the owner of the housing, it grants the said participating company a state subsidy to the said participating company.

Defendant

A In relation to the installation of geothermal heating and solar-powered equipment in the above H project, A was a participating contractor from around 2010 to around 2016.

Defendant B is a representative director of F (hereinafter referred to as “F”), and Defendant B is a person in charge of the geothermal business of F around 2010. Defendant C is a person in charge of the F’s geothermal business from around 2011 to around 2016. Defendant D is a person in charge of the solar business of F from around 2010 to around 2012. Defendant D is a person in charge of the solar business of F. Defendant E is a person in charge of the solar business from around 2010 to around 2012. Defendant E is a person in charge of the F’s solar business from around 2013 to around 2016, and Defendant F is a corporation with the aim of construction business, electrical construction business, etc. at E.

1. Defendant A and Defendant B’s joint crime (violation of the Act on Fraud and Subsidy Management) should be executed in the form of directly executing or managing the installation of heat heating systems approved by the J Center in relation to the above H business. However, the Defendants agreed to obtain subsidies by preparing false construction contract and other documents as if they were directly executed by the F and obtaining them by fraudulent application or other unlawful means when they apply for national subsidies to the J Center.

Accordingly, on March 26, 2010, Defendant B, upon receiving the direction from Defendant A, visited the website of the J Center at the above F Office around March 26, 2010, entered into a contract to install heating systems with L for the housing located in the YY-gun, Chungcheongnam-gun, Chungcheongnam-gun.

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