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(영문) 광주지방법원 목포지원 2016.07.12 2016고정223
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant registered D(2.07 tons) and E (1.24 tons) in the name of wife C, and is engaged in fishery by using them.

On March 13, 2014, the Defendant applied for the Environmental Preservation of the Young-gun Office located in the Young-gu, Young-gu, Young-si and applied for the “Business of Supporting High-efficiency Fishing Vessel Oil Reduction Equipment” in the Young-gu, 2014, and replaced the above E’s 115 E’s nuclear engine with the outer engine (Ski 200 E).

A false application was filed.

However, the defendant was thought that he would replace the engine, other than 225 E (2.07 tons) with a new engine. However, the above business was required to select a low-powered fishing vessel first, and the above E (1.24 tons) applied for a false application as if he wishes to replace the engine outside the 115 E (1.24 tons).

Ultimately, the Defendant, as above, deceiving a public official belonging to the victim Young-gun, caused the victim to transfer a subsidy of KRW 8.7 million from June 23, 2014 to the Supo-gun. On August 2014, the Defendant acquired pecuniary benefits equivalent to KRW 8.7 million by installing and using the engines other than the 200-ray engine purchased by receiving such subsidies in the above D.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Protocols concerning the interrogation of the police of the accused;

1. Investigation report (to be made on the matters allocated to each applicant for the project according to the priority decision);

1. A copy of the official document of the decision to grant subsidies (2014-04-28), such as the document related to the support project for high-efficiency fishing vessel fuel reduction equipment in 2014, the document of deliberation on marine fishery business in 2014, the document of priority survey (C), each document of application for the support project for high-efficiency fishing vessel fuel reduction equipment (2014-03-13), the document of official document of the decision to grant subsidies (2014-04-28

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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