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(영문) 광주지방법원 장흥지원 2017.02.09 2016고단196
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of one hundred and fifty hundred thousand won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendants are the residents of the E Village in the Southern-gun, and Defendant A is in charge of a village relocation from January 2014.

On February 2, 2014, the Defendants, together with 26 community residents including F, applied for subsidies from the community center located in the above E as a subsidized project operator of the subsidized project (projects for supporting residents of riparian zones) and conspired to share the money.

Defendant

A around February 2, 2014, “A wishes to purchase sacrine trees jointly with a village and carry on a sacrine cultivation project” made a false statement to the effect that “A will submit an application for subsidies, etc. to the victim’s Yeongsan River Environment Office, and make a project for cultivating sacrine trees as a community joint project.”

However, as discussed earlier, the Defendants thought that the subsidies were granted and the subsidies were divided into two parts, so they did not have the intent or ability to carry out a village joint project even if they were paid subsidies.

On May 21, 2014, Defendants were transferred KRW 70,073,00 to the Agricultural Cooperative Account (G) in Defendant A’s name for subsidies from the injured party.

As a result, the Defendants conspired to attract the victim to receive property by deceiving him/her, and at the same time received subsidies by false application or other unlawful means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Interrogation of each police record against H, I, J, K, H, M, M, N, P, Q, R, T, U, V,W, F, X,Y, Z, AAB, AC, AD, AE, AE, AF, and AG;

1. Statement made by the police against AG;

1. The internal investigation report (E as to the attachment of a statement of passbook transaction submitted by A), internal investigation report (as to the attachment of a list of passbook receipt recipients), internal investigation report (as to the attachment of a list of passbook receipt recipients), internal investigation report (as to the attachment of a on-site photo), investigation report (as to the attachment of a statement of passbook transaction submitted by a suspect B), investigation report (as to the attachment of a statement of passbook transaction submitted by a suspect A), investigation report (as to the attachment of a statement of passbook transaction submitted by a suspect A), investigation report (as to the attachment of a statement of account transaction submitted by a suspect A);

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