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(영문) 대전지방법원 논산지원 2016.01.26 2015고단658
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a public official of Grade 8 belonging to the Do Office of Dosan-si, who is a construction company, and is in charge of product development and business activities against farmers, and F is a representative director of E, a corporation established for the purpose of the production and sale, etc. of hot water in G from March 201 at the time of discussion on March 201.

Defendant and F entered into a contract with the subsidized company to bear the whole or part of the shares to be borne by the subsidized company even if there was no intent to bear 50% of the shares in the support project for the installation of energy-saving facilities [30% of the total amount of subsidies, 20% of the National Treasury (subsidies, 30%), 30% of the local funds, and 20% of the shares] which is promoted as one of energy-saving projects implemented by the Ministry of Agriculture and Forestry and Fisheries in the Agricultural and Fishery Food Department], and the subsidized company to obtain subsidies by making a false estimate, such as the cost of expenses to be borne by the subsidized company on condition of additional construction, as if the subsidized company received the shares from the subsidized company immediately after the payment to the head of the passbook, as if the subsidized company received the shares by re-transfer of the shares to the head of the passbook

1. Around July 2013, the Defendant, F, and H drafted a false estimate as if they were paid 40,365,000 won out of the total project cost (39,00,000,000 won for subsidies, 40,365,000 won), even though they concluded a contract for construction on condition that they did not have any own charge at all at the place of business located in Eansan City (hereinafter “I”).

Defendant, F, and H have transferred KRW 42,00,00 to the Agricultural Cooperative Account in the name of H via the Agricultural Cooperative Account (Account Number:K) in the name of H on November 19, 2013, and again have made a statement of financial transactions by re-transfering to the Agricultural Cooperative Account in the name of H (Account Number: L). On November 20, 2013, Defendant, F, and H has received KRW 22,517,360,000 from around November 26, 2013, and then re-transfer it to the Agricultural Cooperative Account in the name of E Co., Ltd.

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