Cases
206 Highest 2090 A. Fraud
(b) Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name;
Defendant
1. (a) . (b) Doz. Doz. Doz.;
2. (a) Park 00, Construction business;
3. A. Kim 00, and a technician for the repair of cultural heritage.
Prosecutor
Jina Jina
Imposition of Judgment
April 4, 2007
Text
The defendant shall be punished by imprisonment with prison labor for one year, by imprisonment for 00 months, and by imprisonment for 6 months, and by imprisonment for 8 months.
In the detention days prior to this judgment, three days shall be included in the number of detention days prior to this judgment, and four days shall be included in the above punishment.
However, the execution of each of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Defendant Park 00 ordered each community service for 120 hours and 160 hours to Defendant Kim 00.
Reasons
Criminal History Office
Defendant New 00 was winning, from May 2002 to April 2006, 1006, who is the head office of the Chocheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-si 100, who operates the 00 industry of the cultural heritage repair business chain company, and Kim 00 is certified as the function of repairing cultural heritage. The Defendants are performing the repair function of cultural heritage. The contract is concluded with the above 00 industry of the cultural heritage repair business registered with the State subsidy, which is the cultural heritage repair business as well as the cultural heritage repair business registered with the State subsidy, while the actual Cheongcheon-gu Cheongcheon-gu Do Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Cheongcheon-gu Do 2006, was executed at a low price and received the State subsidy by pretending that the construction cost is much more
1. The Defendants conspired to:
A. On July 9, 2002, the applicant filed a national subsidy for the repair work at the coast guard in the Docheon-si, Yongcheon-si, 27, Youngcheon-si, which was promoted as a cultural heritage repair project. The fact is that Defendant Kim 00 applied for the national subsidy for the repair work at the coast guard in the Docheon-si, Youngcheon-gu, 27, and Defendant Kim 1 received KRW 89,449,00,000 for the construction cost and directly executed the above construction work at KRW 89,49,000 as the total construction cost of the 00 industry, as the 00 industry completed the above construction cost, and directly executed the construction work by receiving the orders from Nacheon-si, the false contract for private construction, the tax invoice, and the cost of materials, and the cost of materials, by means of preparing and submitting the documents related to the construction work, such as the cost calculation, and deceiving the public official in charge,
B. On May 17, 2003, when applying for a national subsidy for the project for the improvement of the Dogs of the Dogs of the Dogs, which was promoted as the cultural heritage repair project in the above Youngcheon Viewing, Defendant Kim 00 applied for the national subsidy for the project for the improvement of the surrounding Dogs of the Dogs. The fact is as follows: (a) although Defendant Kim 00 executed the above construction project in gold KRW 130 million, the corporation completed the construction directly with the payment of KRW 280,000,000,000,000,000 won in total construction cost, it was falsely executed with the receipt of orders from Maritime History; (b) under the false contract for private construction works; (c) prepare and submit the standard construction cost statement; (d) the tax invoice; and (e) the cost statement for construction cost accounts, etc.,
2. In collusion, Defendant New 00 and the same Kim 00
Around September 13, 2004, applying for a national subsidy to the Nacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheons Sacheon Sacheon Sacheon Sacheon Sacheon Sacheons Sacheon Sacheon Sacheons Sacheon Sacheon Sacheons Sacheon Sacheons Sacheon Sacheons Sacheon Sacheons Sacheons Sacheon Sacheon Sacheon Sa
3. Although the real right to real estate was not registered under the name of the title trustee pursuant to the title trust agreement, the Defendant’s new 00 was not registered under the name of the title trustee. However, around December 10, 2003, at the registration office and office of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul Central District Court, and around October 15 of the same year, purchased around October 15 of the same year for the purpose of moving into the Korea National Peace & Unification Association, which is substantially operated by the Defendant, by submitting documents related to the ownership transfer registration under the name of Non-Indicted 0, the Defendant’s birth, the same day, and completed the ownership transfer registration under the name of the above new 0, each of the co-trustee.
Summary of Evidence
1. Defendants’ respective statements in the second protocol of trial;
1. Each statement made by a witness in the sixth trial records, 00 and Kim 00;
1. Each prosecutor's protocol of examination;
1. Each prosecutor's statement;
1. Each statement;
1. Documents related to the grant of national subsidies to Maritimeians - Official documents, contracts, completion inspection reports and accounts;
1. Copies of documents related to the works of the Korean War Veterans Association, the details of the projects subsidized by the Korean History and related documents, and data concerning the current status of the projects for repairing cultural heritage related to the Korean War Veterans;
1. Investigation report (report on execution of financial accounts, seizure, search, and seizure, and reorganization report of construction details);
1. Three copies of a investigation report (the attachment of each contract for the construction of the coast line in the coast of the coast of the coast of the coast of the coast of the coast of the coast, that of the pilotage Party and the lecture hall, and that of the construction of a
1. A copy of the investigation report (report on the detection of excessive personnel expenses for historical relics exhibition centers) and a copy of the statement of payment of daily labor expenses for construction in the name of the owner;
1. Investigation report (the report on the excessive detection of personnel expenses for the trigrams trigrams and the excessive calculation of construction expenses); 1. The copy of the construction expenses for the elim industry related to the coast, the copy of the elim industry construction expenses, the pilotage hall, the copy of the elim industry construction expenses, and the side contract;
1. Application of statutes to each register of real estate;
1. Article applicable to criminal facts;
Defendants: Articles 347(1) and 30 of the Criminal Act (Appointment of Imprisonment);
Newly00: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Imprisonment)
1. Aggravation of concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Code
1. Suspension of execution;
Article 62 (1) of each Criminal Code (170,000 won of the actual acquired money was returned to Youngcheon City, taking into account the fact that there is no criminal power of the same kind, the degree of reflection, etc.)
1. Social service order;
Park 00, Kim 00: Each criminal law article 62-2(1) guilty and the reasons for sentencing, and the inspection's cultural properties repair business is to contract to a corporation that has a comprehensive construction business license, not an individual. The scope of national subsidies is determined in advance based on the construction contract submitted by the inspection in the case of cultural properties repair business, and the inspection is to submit the construction cost settlement document to the competent administrative agency after the completion inspection.
However, as to the execution of each of the cultural heritage repair works in this case known to Defendant New 00, he actually awarded a contract at a price much less than the unit price of the construction works publicly notified by the government to Defendant Kim 00, who is the person holding the function of repairing cultural heritage, not a corporation 00 and a corporation 00, and written a back contract as to the actual construction cost between the above Kim 00 and the above Kim , even though he submitted a false construction contract with each of the above companies as the contractor, and submitted a false contract with each of the above companies as the contractor for the payment of the State subsidy, and received the State subsidy after the completion inspection.
In addition, Defendant Park 00 and the above Kim 00, the representative director of the above 00 industry, were prepared a false statement of construction cost settlement in the way of appropriating the daily labor cost in excess of KRW 00,000 as required by the Maritime Affairs, and submitted it to the Maritime Affairs and Fisheries through Icheon-si. The Maritime Affairs and Fisheries paid the construction cost to the above 00 industry and 00 construction in order to manipulate the relevant documents as if they were actually paid the construction cost, and most of the construction cost was paid to the above 0 industry and 00, and they were refunded in cash, and the actual construction cost was paid to the above Kim 00. And the Maritime Affairs and Fisheries received a considerable amount of money in return for the de facto loan to the above Kim 00
Based on this, the money corresponding to the national subsidy received was returned to the Si under the name of the Si.
In light of the developments and methods of committing the instant crime, the Defendants’ role, and in particular, the Defendant Shin 00, as the awareness of the intention to commit the instant crime, by receiving from time to time a report from time to time, the attendance of the plenary session or the seat of the plenary session, the general secretary, and the secretary Kim 00, as well as the fact that the instant crime was committed with the aim of preparing funds necessary for the inspection and operation of the plenary session, the Defendants are bound to be deemed to have committed the instant crime by conspiracy with the intent to acquire it using the weak points of the national subsidy payment system.
On the other hand, Defendant 100 was sentenced to suspended sentence by taking into account not only the degree of participation in the crime, but also the circumstances after the crime, but also the fact that there is no difference between the subject of actual interest in the crime of this case and the subject of actual interest in the crime of this case. Defendant 200 and Kim00 are sentenced to suspended sentence on condition of community service, such as the order, taking into account the degree of participation in the crime of this case and the benefits of the crime.
Judges
Judge Han Jae-in