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(영문) 전주지방법원 2018.06.01 2018고단59
보조금관리에관한법률위반등
Text

Defendant

A and B shall be punished by a fine of KRW 15,00,000,00,00,000, in four months of imprisonment.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. On the premise, Defendant A is a person engaged in the agricultural business of the facilities in Kim Jong-si, and Defendant B is a person engaged in the agricultural business of the facilities in L and M, and Defendant C is a person who engages in the manufacturing and sales business, such as an unmanned pest control device, etc., with the trade name of O from Nam-si, Namwon-si.

Kim Jong-si promoted a "facility quality improvement project" in 2014 and becomes final and conclusive as a recipient of a subsidy program upon receipt of a project application from farmers, 50% of the total project cost as a subsidy (40% of the national subsidy and 60% of the local subsidy). The farmers determined as a recipient of a subsidy program are able to receive 50% of the total project cost under the condition that 50% of the total project cost (60% of the subsidy shall be 3% of the loan interest and 60% of the subsidy shall be 3% of the loan interest and 60% of the subsidy shall be repaid in the year 7 years grace) and complete the construction.

2. On September 1, 2014, Defendant A and C applied for subsidies of KRW 54,425,00 in order for Defendant A to install unmanned pest control facilities according to the total project cost of KRW 111,469,00 on the said K’s land at the Kim Jong-si office located at the center of Kim Jong-si, Kim Jong-si. In fact, Defendant A transferred KRW 23 million out of KRW 57,04,00,000 to Defendant C, who is the installer of unmanned pest control facilities, in the name of his own shares, on July 25, 2014, Defendant C returned to Defendant A and paid KRW 50% of the shares of Defendant A in full, even though Defendant C did not bear all the shares of KRW 50% of the shares of Defendant A, Defendant C submitted an application for subsidies of KRW 54,504,000 to the Kim Jong-si office in charge of the operation of Defendant C around October 25, 2014.

In this way, the Defendants conspired to obtain 54,425,00 won as subsidies from the victim Kim Jong-il as above and received 21,770,000 won as subsidies by fraud or other improper means (40% of the national subsidies out of subsidies).

3. Defendant B and C.

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