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(영문) 수원지방법원 평택지원 2014.05.15 2013고정741
사기등
Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a farmer who cultivates son in E-Sacheon-si, and D is the representative of F Co., Ltd. who engages in installation of a greenhouse in E-Sae-si and wholesale and retail business of agricultural machinery and equipment.

D, as a part of measures to support farmers and fishermen who intend to install various facilities as a subsidy, the State or local governments knew that some of the total construction cost (40-60%) is subsidized, paid by a person who does not have the ability to pay self-charges (40-60%) or paid all or part of the self-charges paid by a defendant, made a written contract for construction with the State or local governments to refund the whole or part of the self-charges paid by a defendant, and made a written contract for construction with the amount of the construction cost to be paid by a large-scale or refunded self-charges, and then intended to receive a subsidy by submitting to each local government a written contract for construction, a written contract for construction, a detailed statement of construction cost, etc. prepared by the local government as above.

2. Criminal facts;

A. A. Around April 2010, the Defendant of an eco-friendly micro-organism system (e.g., eco-friendliness) submitted an application for subsidy grant with the content that the Defendant would install an eco-organism system (e.g., 11,772,00 won in total of 9,417,000 won of subsidies and self-payment 2,35,000 won of subsidies and self-payment 11,772,000 won of subsidies to the victim Leecheon-do, and submitted an application for subsidy grant with the content that around April 6, 2010, he/she received a decision to grant a subsidy of KRW 9,417,00 from the victim. Around July 26, 2010, the Defendant completed the project as above in accordance with the project plan and filed a claim for the payment of the said subsidy with the victim’s written contract for construction works, construction cost, and deposit table of self-payment. Around August 26, 2010>

However, in the above construction work, it is actually required by oral agreements to provide D and total construction cost of KRW 10,217,00.

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