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(영문) 춘천지방법원 2015.06.04 2015고단270
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from April 2009, operated a new store with the trade name “E” in the “D Market” located in Chuncheon City, was in charge of the event of the merchants’ association, safety management, accounting, etc. from around April 2009 to the “D Merchants’ Chairperson.”

On July 17, 2012, the Defendant applied for the “Do subsidy for the safety management support project for traditional markets” to a public official in charge of economy and subsidies in Gangwon-do, and applied for the “Do subsidy for traditional markets,” which is implemented in Gangwon-do, since the project cost is set at 60% and 40% of the self-payment rate, and the project can be changed or cancelled if he/she fails to procure the self-payment, the Defendant failed to receive the self-payment but submitted a false project plan as if he/she would have paid 40% of the self-payment at the said merchants’ association.

However, even if the above merchants' association receives the subsidy by the above method, it is only possible for the safety monitoring personnel to pay the subsidy, and there is no intention or ability to pay the subsidy.

Nevertheless, the Defendant received 4,800,000 won from the victim as a subsidy for placement of safety surveillance personnel under the name of the Defendant, and received 4,279,040 won in total from the above date to July 8, 2014 by deceiving the victim as shown in the crime list in the attached Table from the above date to July 8, 2014, and received 44,279,040 won in total from the victim to the agricultural bank account under the name of the Defendant or the name of the D market, and received the subsidy by fraudulent application or other unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F, G, and H;

1. Article 347 (1) of the Criminal Act (the point of obtaining subsidies) and Article 40 of the Subsidy Management Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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