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(영문) 대전지방법원 논산지원 2016.03.22 2015고단493
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor of one year and six months, and by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is a constructor operating an agricultural material room and a sub-contractor of “G” in Chungcheongnam-gun F, Chungcheongnam-gun, and Defendant A is a representative under the name of the above company, who is engaged in the business of selling agricultural materials and arranging tax invoices, etc. under the direction of the Defendant, and 52 farmers listed in the attached crime inundation table, such as H, are growing crops by using irrigation facilities in the area south of Chungcheongnam-gun, such as a co-owner, rice production, grant, delivery, west, Cheongyang, and Y.

As part of the energy use efficiency project since 2012, the Ministry of Agriculture and Forestry established a 50% of the total project cost when farmers pay 50% of the total project cost (hereinafter “self-charges”) as part of the energy use efficiency project. The Ministry of Agriculture and Forestry implemented a project to support the installation of energy-saving facilities that subsidize 50% of the remainder as national expenses, Do expenses, Si expenses, Gun expenses, etc.

The defendant did not bear all or part of the share to be borne by each of the above farmers and farmers, or agreed to bear only part of the share to be borne by them on the condition of additional construction, but the above farmers conspired to obtain the amount of the subsidy from each local government, such as the time when the victim was prosecuted, by making a false statement of financial transactions and a false estimate, etc. as if the above farmers paid

On March 2013, the Defendant submitted a false statement of financial transaction and a written estimate to the Gun Office granting 27,373,200 won out of the total project cost (23,485,00 won for subsidies, 27,373,200 won for subsidies) in collusion with H, despite the fact that the Defendant paid the full amount of his own share to H, and concluded a construction contract with H to bear only a part of his own share, the Defendant paid 51,22,20,00 won for the construction cost.

However, on June 25, 2013, the Defendant deposited KRW 45,970,00 in the said GFC account (J) in the name of H at the location of the stable branch of H from June 25, 2013, the Defendant deposited KRW 45,970,00 in total three times.

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