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(영문) 인천지방법원 2014.06.12 2013고단8184
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of “F” (representative G) established for the purpose of manufacturing medicinal breadths in Reinforcement-gun E, and the representative director of “H” established for the purpose of manufacturing medical supplies by converting the said company into a corporation at the same place around March 2009.

When the Defendant came to know of the fact that he subsidized 80% of the project cost as a subsidy to a person who intends to carry out a project for fostering local products in order to increase farmers' income, he/she had the intention or ability to install a new manufacturing facility (20% of the project cost) but had no intention or ability to install a new manufacturing facility, he/she would be able to secure in advance the installation cost of the machinery installed at his/her own expense regardless of the existing subsidy program or the installation cost of the machinery replacement cost, etc., and he/she would receive the subsidy from the victims by submitting a false tax invoice, etc. as if he/she actually borne by himself/herself and newly installed the facility.

On October 8, 2009, the Defendant submitted an application for subsidies accompanied by an implementation plan, etc. to the effect that “I, as a public official, will purchase and install Class 3 of the highest manufacturing equipment, which is the blurized in the above workplace from October 2009 to December 31, 2009, the sum of subsidies of KRW 80,000,000 and KRW 20,000,000,000.” Around October 12, 2009, the Defendant received a decision from the victim to grant subsidies of KRW 80,00 (5,000,000,000,000,000).

피고인은 2009. 12. 10.경 위 I에게 “1억 1천만 원(보조금 8천만 원, 자부담 3천만 원)에 기계 2대(9,350만 원 상당 자동쑥뜸 압축제작기 1대, 1,650만 원 상당 무연쑥뜸 탄화설비시스템 1대)를 신규로 구입 및 설치하여 정상적으로 보조 사업을 완료하였다”는 내용의 관련 세금계산서와 지출통장 등이 첨부된 정산보고서를 보조금 지급청구서와...

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