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(영문) 광주지방법원 순천지원 2014.02.13 2013고합200
보조금의예산및관리에관한법률위반등
Text

Defendant

In two years of imprisonment for A and B, Defendant C shall be punished by a fine of two million won, Defendant D shall be punished by imprisonment for six months, and Defendant D shall be punished by imprisonment.

Reasons

Criminal facts

Defendant

A is the representative director of E Farming Partnership in K at all times, and Defendant B is the director of the above legal entity, and Defendant A and B are jointly operating the above legal entity.

Defendant

C is the business employee of L Co., Ltd. (hereinafter referred to as “M”), and Defendant D is the representative director of P Co., Ltd. (hereinafter referred to as “O”) located in Gwangju Mine-gu.

1. In the Korea Forest Service, around September 9, 2008, Defendant A and B announced a public recruitment plan for major forest income business in 2009. Among them, the ratio of the national and local expenses for the distribution center of forest products (3:7) and the ratio of the self-expenses to the distribution center of forest products to the national and local expenses (3:7), and 5:2:3, the project cost per company was set at KRW 1 billion.

Therefore, in order to receive national subsidies related to the distribution center of forest products, it is required to have the ability to pay 300 million won.

On September 208, the Defendants prepared self-paid charges in advance even though they did not have any intent or ability to bear self-paid charges because they did not have any special property and had a liability of KRW 300 million, and received subsidies as if they could lawfully proceed with the business. However, according to the progress of the business, the Defendants conspired to receive subsidies by deceiving the public official in charge of subsidies as if they had the ability to pay self-paid charges by making false documents or by deceiving the actual cost of goods, etc., even though they did not bear construction costs, goods, etc. through construction business operators, constructors, etc. following the progress of the business.

As the Defendants have already secured KRW 300 million of their own contributions as a new investment incentive around September 2008, the Defendants prepared a forest product distribution center business plan and submitted it to the injured Korea Forest Service within the jurisdiction of the Republic of Korea via the injured party Jeonnam-do through the injured party Jeonnam-do. On October 10, 2008, E farming association distribution center for forest products in the Korea Forest Service.

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