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(영문) 서울중앙지방법원 2015.04.16 2014고합1223
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from January 200 to March 201, served as the representative director of the E Co., Ltd. (hereinafter “E”), a company leasing and installing heading, etc., the construction equipment, and the Defendant actually operated E. Around May 201, F entered the said company for raising funds, and served as the president of the said company until March 2012.

On August 201, the Defendant and F came to know that the State and the local government can receive subsidies for promoting large-scale relocation enterprises in the Seoul metropolitan area (hereinafter referred to as “business relocation subsidies”) from the State and the local government when transferring a company into the Seoul metropolitan area through G G Hanam-do.

However, in Seocho-gu Seoul Metropolitan Government, there is only the head office of 208.87 square meters in size and a factory of 2,792 square meters in size in the area of a site in the Seoul Metropolitan City, and there was no factory in the Seoul Metropolitan Area and there was only nine full-time employees in the Seoul Metropolitan Area. Therefore, it did not correspond to the eligible company for attracting investment for the relocation of enterprises in Jeonnam-do (hereinafter “qualified company for the relocation of enterprises”), and it did not meet the qualification requirements for receiving subsidies for the relocation of enterprises.

Nevertheless, the Defendant, together with F and H, conspiredd with the Victim Republic of Korea, Jeonnam-do, and Young-gun to receive corporate relocation subsidies.

1. The Defendant and F, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Management of Fraudulent and Subsidy, have a factory in the site of the area of the size of 11,070 square meters not exceeding 11,070 square meters in England-dong, Yongsan-gu, Seoul-gu, and prepared a false real estate lease agreement and a written confirmation of the performance of withholding tax as if the average number of employees in the last one year had 27 square meters, and the head office and factory of the area of 11,278 square meters in the area of the area of the Gu-gun-gun-gun, are transferred to a site of the size of 23,140 square meters in the area of the Si-Gun, and make a false representation in the production and sale of the workshop.

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