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Defendants shall be punished by imprisonment for one year.
However, each of the defendants is sentenced to the above punishment for two years from the date of the final judgment.
Reasons
Punishment of the crime
C. A cooperative corporation (hereinafter “corporation”) applied for the “Support Project” of the Victim D in 2014 (hereinafter “Support Project”) around August 31, 2013 and received subsidies of KRW 250,000,000 (total project cost of KRW 500,000,000, subsidies of KRW 250,000,000, and subsidies of KRW 250,000,000) from around December 31, 2013. The content of the above Support Project was to start a cafeteria, which is a cafeteria that sells Korea to promote consumption within D. Defendant B’s representative director from around August 8, 2013; Defendant A from around May 2014, Defendant A as a director of the above corporation, Defendant A, who was in general in charge of the affairs related to the above application, execution, and settlement of subsidies, to Defendant A’s cafeteria, and Defendant A, who actually operated the cafeteria.
A person selected as a business operator of the above project may receive a subsidy of KRW 250,000,000 for local subsidies to be paid for KRW 250,000,000, and the above amount shall be used for the construction cost.
Nevertheless, even though the Defendants knew that the above corporation did not have any intent or ability to make an investment by preparing KRW 250,000,000, the Defendants need to submit to Defendant A a balance certificate to be submitted to Defendant A in order to submit explanatory materials that the above corporation secured KRW 250,000,000 for the victim D on June 2014.
If a person is able to borrow a balance certificate from one day, he/she shall lend money to a short-term person.
At around June 30, 2014, Defendant A instructed that he deposited 250,000,000 won in the above account from K, one of his own land, after opening the I Bank Account (Account NumberJ) in the above corporation’s name, and then deposited 250,000,000 won in the above account, Defendant A drafted the appearance as if he had been secured, and submitted the false balance certificate to the public official in charge of victims under the name of the victim D, who is unaware of the situation, to proceed with the construction.