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(영문) 수원지방법원 2018.07.13 2018고단1114
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated D Co., Ltd. from around December 2, 2011 for the purpose of manufacturing, leasing, etc. bicycle parts, product parts, and supplies located in Suwon-si.

1. Fraud;

A. On March 26, 2012, the Defendant obtained subsidies from E-related Defendant applied for the grant of subsidies to the “E” program operator at the Suwon-si Office located in Suwon-si, Suwon-si, 241. In accordance with the implementation plan for the project cost submitted by the Defendant pursuant to the Ordinance on the Management of Subsidies from Suwon-si, if the Defendant would receive subsidies, he/she would execute personnel expenses, material expenses, etc. in accordance with the implementation plan for the project cost submitted by the Defendant, not use the subsidies for other purposes. In the event of the completion of the project, the Defendant submitted the settlement details without delay and agreed to return the subsidy execution balance if any.

However, the Defendant paid excessive amount to F, G, H, etc. than actual personnel expenses, but was expected to recover the difference and use it for a purpose unrelated to the aforementioned business, such as operating expenses of the said D Co., Ltd. In fact, the Defendant returned 3130,000 won of all or part of the personnel expenses paid to the said persons, such as the statement of “E-related return details” in attached Table 1, and used it for a purpose unrelated to the aforementioned business, such as operating expenses of D Co., Ltd.

As such, the Defendant, by deceiving the party who was under his control at the time of flooding the victim, shall have caused the damage to KRW 10 million on April 4, 2012, and the same year.

8. On 31.1.15 million won, a sum of KRW 25 million was delivered to the account of D Co., Ltd. and acquired by deception.

B. On July 19, 2013, the Defendant acquired the subsidy related to I applied for the grant of KRW 116,943,00 as a subsidized business operator of I in the Suwon-si Office located in Suwon-si, Suwon-si, 241, as a subsidized business operator at the victim Suwon-si Office, which is located in 241. The Defendant agreed to execute the grant under the conditions prescribed by the Ordinance on the Management of Subsidies in Suwon-si, as described in the above paragraph (a).

However, the defendant is guilty.

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