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(영문) 광주지방법원 2016.01.20 2015고정1140
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is an honored farmer selected as a subsidized project operator of a facility that was promoted as part of a new renewable energy project by the Ministry of Agriculture and Forestry and the Fishery Food Department of Agricultural and Fishery Products (hereinafter “C”) and operated a “D” production of secondary distribution.

C. The "project for the installation of a pressing for overlapping" is a project for the support of energy-saving facilities to reduce the management burden of farmers due to the increase in prices of international oil and agricultural materials, the efficiency of energy use, etc., and the local government shall select the original farmer of the facility as the subsidized project operator.

With respect to this project, subsidies appropriated by the National Treasury or local funds are required to be paid on the condition that “the subsidized project operator will bear 50% of the total project cost.”

The Defendant entrusted C with the installation project of a pressing that overlaps with C, and in fact, the Defendant prepared relevant documents as if the Defendant did not pay C any contribution, and received a subsidy at the victim’s home.

2. On September 2013, the Defendant, in collusion with C, prepared and submitted a written request for subsidy payment, stating that “The Defendant, a subsidized business entity, shall pay KRW 30 million in total (i.e., KRW 15 million (i., KRW 15 million), namely, KRW 15 million) to a public official in charge of Naju-si’s Office for Food Distribution and Honorary Small and Medium Business (hereinafter “instant project”). As the Defendant, a subsidized business entity, has completed the project with KRW 30 million in total (i.e., KRW 15 million), he/she shall pay KRW 15 million in subsidies.”

However, at the time of fact, the Defendant submitted a deposit account receipt, which entered as if paid, even though he did not pay the money to C.

In this way, the defendant deceivings the public official in charge of the victim Lee Jae-si, and is in its jurisdiction from the victim Leeju-si to the Agricultural Cooperative Account under the name of the defendant on September 16, 2013.

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