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(영문) 수원지방법원 2013.12.30 2013고정1986
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in breach of occupational duty is the central joint representative of C established for the purpose of business such as the protection of learning rights of students and the improvement of school environment, and D is a full-time representative of C, who manages the national treasury subsidy granted to the above organization by the Ministry of Public Administration and Security, and is engaged in the execution

The defendant did not receive the National Treasury subsidies according to the National Treasury subsidies provision even if he/she attends the meeting as a joint representative of C, and he/she conspiredd with D to receive the National Treasury subsidies by preparing documents as if E, the husband of the defendant, was present as an advisory member.

Accordingly, around July 5, 201, the Defendant and D received each of the following methods: (a) around July 5, 201, a document was prepared as if E were present at the meeting of the said office and received KRW 100,000 from an account in the name of E; and (b) around August 30, 201; (c) December 22, 2011; and (d) December 27, 201, respectively.

Accordingly, the defendant, in collusion with D, obtained a total of 400,000 won property benefit on four occasions in violation of the occupational duty to appropriately execute government subsidies, and caused a property damage equivalent to the same amount to C.

2. On December 18, 2011, even though there was no fact that the Defendant, around December 18, 201, did not proceed with the Defendant’s speech-making event at H operated by the Defendant’s words-based G in Gyeyang-gu, Incheon, the Defendant submitted related data, such as a tax invoice, as if he had been engaged in the said event at that place, and the Defendant received KRW 50,000 from C as the rent for the said lecture room around December 28, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I, D, and J's respective legal statements;

1. Entry of each part of the defendant and D in the protocol of interrogation of the police against the defendant (three times, replacement, etc.)

1. Application of Acts and subordinate statutes to investigation reports (Submission of evidentiary materials by witnesses), investigation reports (Submission of transaction details by a suspect);

1. Articles 356 and 355(2) of the Criminal Act of the relevant criminal facts;

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