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(영문) 창원지방법원 거창지원 2019.01.30 2016고단499
사기등
Text

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates C with expertise in hanok, and Defendant B is a public official in charge of the affairs related to the specialized item promotion project in the agricultural resources department of the D Agricultural Technology Center.

1. In around 2011, Defendant AD promoted the “projects to support the fostering of specialized products in 2011” to develop processed food products, to realize commercialization of high-value agricultural products, and to build food tourism infrastructure in connection with surrounding tourism complexes.

On August 201, in order to be selected as a subsidy business operator for the above-mentioned specialized product fostering and supporting project, the Defendant submitted a business plan for the construction of a factory in the G company E company with the content of constructing a sales exhibition center (Dong, 151.89m2), warehouse (Dong, 52.40m2), workplace (Dong, 169m29m2, 169m29), fermentation room (Dong, 9,18m2), and storage tank (Madong, 60m2), and 720,000,000, 223,000,000, 497,000,000 subsidies, and 497,00,0000,000 won) to the victim D Agricultural Technology Center for the construction of E plant.

On December 19, 2011, the Defendant applied for a subsidy of KRW 200,00,000 to the Victim D Agricultural Technology Center.

However, in fact, sales exhibition centers (dong, 151.89 square meters) and warehouses (Nadong, 52.40 square meters) located in the business plan had already been constructed prior to being selected as a subsidy business entity, and the Defendant had filed a false application for subsidies.

On December 19, 201, the facts charged in this part of the indictment stated in the indictment that "the defendant applied for the grant of subsidies to the effect that since he newly built sales exhibition facilities, etc. in the business plan while carrying out the construction of a new factory of G Company E at the Victim D Agricultural Technology Center."

However, in fact, sales exhibition centers (dong, 151.89 square meters) and warehouses (dong, 52.40 square meters) contained in the business plan are buildings already constructed around 2001, as if the Defendant built the above buildings already constructed, and apply for a false subsidy.

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