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(영문) 창원지방법원 밀양지원 2016.03.24 2015고단464
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendants B, C, E, and F shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Defendant

A On June 10, 2015, the Changwon District Court sentenced a two-year grace period to one year of imprisonment for fraud, etc., and the judgment became final and conclusive on June 18, 2015.

Defendant

A is a person who operates the PP to install and sell wood pelletss in P, and the defendant B, etc. is a farmer selected as a subsidized business operator of the "self-fishery industry efficient energy use project (projects to support the installation of pelpellets pellets)," which is promoted by each local government delegated by the Ministry of Agriculture and Forestry for agricultural and fishery products.

The above agricultural wood pellets installation support project is implemented with 60% of subsidies, 40% of its own contributions by subsidized operators, 40% of its own contributions is carried out with 20% of loans and 20% of its direct contributions, 20% of subsidies are not paid without any own contributions, and shall not receive subsidies by false application or other unlawful means.

Nevertheless, even though Defendant A and subsidized business operators shared or expected to bear their own contributions in the Dispute Resolution Co., Ltd., they conspired to receive subsidies after creating the documents of application for subsidies as if farmers would incur or will incur their own contributions at their own expense.

1. On September 13, 2013, Defendant A: (a) provided the assistant business operator B with his own share to be borne by B; and (b) made the same transaction details as the assistant business operator B bears his own share by depositing the said share to the account in the name of the PP of the Bank of Korea; and (c) submitted a copy of the above deposit account with the subsidy application at the time of the victim’s smuggling around September 25, 2013 and received the subsidy amounting to KRW 43,758,000 from the victim’s smuggling; and (d) received the subsidy amounting to KRW 358,950,000 (the national subsidy amounting to KRW 179,498,500) on a total of 12 occasions as described in paragraphs 2 through 13 below.

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