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(영문) 광주지방법원 2015.11.11 2015고단2367
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a de facto representative of a limited liability company F (hereinafter referred to as “F”) that manufactures, sells, and performs plastic E in Jeonyang-gun D.

With respect to the efficient use of agricultural and fishery energy, which was supervised by the Ministry for Food, Agriculture, Forestry and Fisheries from around 2011 to 2013, the Defendant was delegated the authority to apply for and receive subsidies from the facility artists selected from the former Si/Gun.

Energy use efficiency projects are projects implemented to reduce the management burden of farming and fishing households due to the increase of international oil and to promote the efficiency of energy use, and facilities artists have paid 40% of the total project cost up to 201 to receive subsidies, and 50% of the total project cost after around 2012 to the construction company.

National subsidies have been successively allocated to a Metropolitan City, Do, or Si/Gun, and have been executed by a Si/Gun, and a facility artist or a person delegated by him/her shall submit the details of such deposit of self-paid funds at the time of request for subsidy payment.

Although the Defendant did not receive self-paid contributions from the above facility artists, the Defendant given cash to the entrepreneurs to deposit them as self-paid money, or the Defendant, in the name of the directly, made the false self-paid contribution by means of receiving the said F’s account into the said F’s account, and decided to request the payment by proxy.

On April 22, 2013, the Defendant submitted a written application for subsidy payment, along with a written confirmation on the deposit without passbook transfer in F, to the effect that “G performed E construction work on a vinyl house located in F in F, F, in November 2, 2012, for the purpose of proving the deposit of self-paid charges, the Defendant submitted a written application for subsidy payment, along with the document stating the deposit of KRW 9,430,000 from F’s agricultural bank account (I).

However, in fact, the written confirmation of the deposit without passbook is located on April 22, 2013 in the Banyang-gun.

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