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(영문) 광주지방법원 순천지원 2016.06.22 2015고단948
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the chairperson of the (g) H established for the friendship of G fishery personnel, and the defendant A is the vice-chairperson of the above Association, who has overall control over the construction-related affairs of the above Center as the chairperson of the G fishery personnel center.

On March 201, the Defendants attempted to construct the said building in 200 million won. However, the Defendants conspired to obtain subsidies by submitting false documents to the victim G Si (hereinafter “victim”) as if they were to apply for construction cost in 260 million won and to pay KRW 60 million to the said Association. However, the Defendants conspired to obtain subsidies by submitting false documents to the victim G Si (hereinafter “victim”).

On December 27, 2011, K, the secretary general of H, under the direction of the Defendants, submitted to the victim fishery management department a subsidy application application, business plan, and copy of the association passbook that secured 60 million won of the cost of construction of the G fishery center. On December 28, 2011, the victim notified the Defendants of the “decision to grant subsidies” that 200 million won of the subsidies should be paid to the Defendants.

However, the Defendants tried to carry out construction works only 200 million won for the new construction of G Fishery Center without the intention to bear the charges actually. In fact, Defendant A withdrawn 60 million won deposited as his/her own charges on December 29, 201, following the decision to grant subsidies.

As a result, the Defendants conspired to induce the victims and then received from the victims, the sum total of KRW 140 million on March 29, 2012, and KRW 170 million on January 8, 2013, from the victims of G Fishery Personnel Center (G) in the consignment account (Account Number: L) of H’s name.

Summary of Evidence

1. The legal statement of K Witness;

1. Defendants’ respective legal statements

1. Each police report on M, K, N,O, P, and Q;

1. Details of transactions, and entry and withdrawal of contributions at its own expense;

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