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(영문) 광주지방법원 순천지원 2014.04.24 2014고합41
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of two years and six months and one year and six months, and one year and six months, and one year and six months, respectively.

Reasons

Criminal facts

[criminal power] On January 9, 2014, Defendant A was sentenced to one year and six months of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court, and the judgment was finalized on January 17, 2014.

【Criminal Facts】

1. The Defendant A engaged in construction business, such as soil construction business, construction business, and metal structure, while substantially operating a limited liability company N (hereinafter “N”), a limited liability company (hereinafter “O”), and a stock company (hereinafter “P”) respectively.

Defendant

B, C, D, E, F, and G are farmers, and Defendant H was working as an intermediary wholesaler of agricultural and fishery products by February 2008.

In order to create Q Q complexes that cultivate Pakistan for the purpose of increasing farm income, securing export competitiveness, and revitalizing the Agricultural Product Export Logistics Center, the victim Mineyang-si determined to set the project cost of KRW 8.96 billion from 2007 to 2012 and to provide subsidies equivalent to KRW 60-70% of the project cost to farmers selected as subsidized operators.

In order to be selected as a subsidized project operator who is promoted by the Mineyang City, the subsidized project operator shall have the ability to bear the portion exceeding the subsidy (hereinafter referred to as "self-payment") out of the total project cost, and the subsidized project operator shall pay the self-payment in advance to the service provider of the individual detailed project and may receive the subsidy in proportion to the subsidy from the victim.

2. Joint criminal conduct between Defendant A and Defendant B, C, D, E, and F

A. Defendant A, B, and C agreed to jointly carry out R development projects (project cost of KRW 1 billion, subsidy of KRW 600 million, self-payment of KRW 400 million) and Q Q projects (project cost of KRW 1 billion, subsidy of KRW 600,000, and self-payment of KRW 400,000), which are promoted by the victim, and Defendant B and C shall bear the burden of Defendant B and C, even though they did not have the intent or ability to bear the self-payment.

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