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(영문) 광주지방법원 장흥지원 2018.05.15 2018고합9
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a project in charge of marine fishery management division of KRW 1.5 billion [the subsidy amounting to KRW 900 million (the national subsidy amounting to KRW 450 million, KRW 4550 million, and KRW 450 million), KRW 600 million for the purpose of increasing the income of fishery business persons through securing safety in the production of fishery products and supplying good products].

The defendant is the representative of D Partnership Corporation selected as the above project executor, E is the representative of F Co., Ltd. who constructed the above facilities, and G is the representative of F, and G is the main agent of the construction by lending the name of F.

The Defendant, along with G and E, bears only KRW 200 million out of KRW 600 million, and the remainder of the Defendant shares by depositing the subsidized project account in G et al. and writing the appearance as if the Defendant had been normally prepared, and subsequently, conspired in order to acquire subsidies by lowering the actual construction cost as much as the amount the Defendant did not incur.

Accordingly, on May 209, the Defendant transferred KRW 600 million from H’s account to D Bank’s account (I) and returned immediately following the following day after only issuing a certificate of deposit balance for certifying self-payment. On June 2009, the Defendant deposited only KRW 200 million of the self-payment into D Cooperative’s account under the name of D Cooperative, which is the above subsidized project account, and made the remainder of the Defendant deposit in G and E.

Since then, as if the Defendant had normally invested his own contributions on June 2009, the Defendant filed an application for subsidies and filed a claim for advance payment with the Guns of the Victim K, and filed a claim for subsidies (pre-payment) as if the construction work in an amount equivalent to KRW 1.4 billion was normally undertaken on January 201, 201, and such subsidies were granted from the damaged person as a subsidy, KRW 540 million on June 26, 2009, and KRW 360 million on January 20, 201, including KRW 360,000,000,000 in the name of the D Association (J).

2. The “L Business” refers to K. Gun.

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