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(영문) 대전지방법원 2017.10.18 2017고단1223
사기등
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On May 18, 2015, Defendant A was sentenced to ten months of imprisonment with prison labor and two years of suspended execution on September 18, 2015 by the Daejeon District Court on the violation of the Labor Standards Act at Daejeon District Court on May 18, 2015, and the said judgment became final and conclusive on September 18, 2015. On January 26, 2016, Defendant A was sentenced to a suspended sentence of two years for imprisonment with prison labor for fraud, etc

2. 3. A person whose judgment has become final and conclusive and is still under suspension of execution, who is operator of G Co., Ltd. G who manufactures and sells livestock pens and heating apparatus in the F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B is a person who works as a business employee in the above G.

The Defendants abused the fact that, in cases where the operator of the money company selected as a subsidized business operator in the “H support project” promoted to improve the stable environment of Chungcheongnam-do and Geumsan-gun voluntarily bears an amount of money equivalent to a certain percentage (40-50%) out of the costs of purchasing heat exchange facilities and installing the facilities (hereinafter “self-payment”), the local government grants subsidies to local governments, such as Do and Gun expenses, and subsequently, conspired with the operator of the money company to receive subsidies by deceiving the local government by creating false financial transaction details and false estimates, even if the operator of the money company does not bear any self-payment, or even if he/she bears any amount that falls short of the requirements for granting subsidies, as if he/she paid the full amount of the subsidy.

According to the above public offering, the Defendants were the Gun Office in the Chungcheongnam-gu Budget Eup around April 2013, and the Defendants merely spent 3 million won of the I’s own contribution in the process of installing a heat exchange machine on the I’s farm, which is the operator of the money company. However, the Defendants filed an application for subsidies to the victim budget group after the completion of the business, and submitted to the public officials at the same place false estimate, deposit account receipt, etc. as if they were paid 15 million won of the project cost including 6 million won of the I’s own contribution after the completion of the business.

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