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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A is a farmer selected by the Ministry for Food, Agriculture, Forestry and Fisheries as a part of a new and renewable energy business C Support Project (Dker).
E is a business operator who actually operates a plastic house or Dacker with a mutual “G” located in Kimpo-si, Kimpo-si.
The above D when each local government selects a farmer who intends to install a Dacker for the efficient use of energy by the facility cost farmers, and when the farmer establishes Dacker, 30% of the total project cost shall be paid to the local government, 30% of the total project cost shall be paid to the local government, and 40% of the remainder (the 20% shall be loaned from the Nonghyup Bank on the terms of 3.0% per annum and 3% per annum per annum per year for the repayment of 7 years with a three-year grace period) shall be borne by the subsidized project operator.
Although the Defendant and E knew that they should bear 40% of the project cost as above, they conspired to receive subsidies from the State and the relevant local government as if they were to bear the full amount of their own contributions.
Around October 2011, the Defendant entered into a contract to install a dacker of an amount equivalent to KRW 36,600,000 (10,998,000 national subsidies, local subsidies, KRW 10,98,000, local subsidies, KRW 14,64,000) of the total project cost and E and the total project cost at a restaurant located in the high village of Kimpo-si, Kimpo-si.
The Defendant agreed to receive 3,600,000 won, which is 10% of the E and the total project cost, after the completion of construction, but decided to disguised as if the Defendant was fully borne by the Defendant.
After December 23, 2011, the Defendant submitted an application to grant subsidies which include a written confirmation of deposits without passbook, etc. as the Defendant actually assumed self-paid charges at Kimpo-si.
At the same time as E and the above subsidized projects, the Defendant additionally purchased agricultural materials equivalent to KRW 1,603,060,000, and the above additional construction cost at KRW 3,600,000, which were returned after completion of the said projects.