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(영문) 전주지방법원 2013.10.25 2013고합81
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A In the imprisonment of 2 years and 6 months, Defendant B’s imprisonment of 10 months, Defendant D’s imprisonment of 1 year and 2 months, and Defendant H.

Reasons

Punishment of the crime

[Basic Facts] Defendant A and I are married couple, who operate the “O farming corporation (representative I, hereinafter “O”)” in Kim Jong-si N, while engaging in funeral and marketing (mail).

Around December 2006, the Republic of Korea and the victim Kim Jong-si selected a "P processing industry ("P processing industry") as a subsidy promotion project by Defendant A and I as an O business entity, with the intent to promote a farming industry's income by discovering unique local resources within the region and concentrating local products, and by providing the subsidized business entity with subsidies equivalent to 70-75 percent (self-payment 25-30%) of the project cost (self-payment 25-30%). On December 2006, Defendant A and I selected the "P processing industry ("the instant subsidized project").

Accordingly, according to the project plan submitted by the O from January 2009, the victim set the total project cost of 2.4 billion won for the 20 detailed implementation projects of the subsidized project of this case from January 2009, according to the predetermined ratio (50% of the national subsidy, 5% of the Do subsidy, 20% of the Si subsidy, 25% of the self subsidy, 209 subsidy for the year 209: 50% of the national subsidy, 5% of the Do subsidy, 15% of the Si subsidy, and 30% of the self subsidy).

The subsidized project of this case was implemented with the aim of supporting B.

However, this case’s subsidized project had 25-30% of its own shares, and where the subsidized project operator fails to pay the said self-paid share prior to the transaction of the individual project in detail, the structure in which subsidies cannot be granted.

Accordingly, Defendant A and I prepared a contract with the trader of the subsidized project of this case on the condition that they will be responsible for the execution of the detailed project, and fabricated the financial transaction details as if they were paid, such as making the details of payment of the formal self-payment or making the refund of the self-payment immediately after the payment of the self-payment.

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