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(영문) 광주지방법원 2017.09.13 2017고단2639 (1)
사기등
Text

Defendant

Punishment A and Defendant B shall be punished by imprisonment with prison labor for one year, and imprisonment with prison labor for Defendant C and Defendant D.

Reasons

Punishment of the crime

1. In order to promote more efficient increase in forestry management and forestry income through the fireproof scale of forest income business, the Defendants’ joint crime group promoted H (hereinafter “instant project”) as part of a public contest for forest income business in 2012, the Defendants’ joint crime group reviewed and assessed the eligibility and project plan for the producers’ organizations, such as small group of products, at the request of the subsidized project operators in order to select a competitive and excellent producers’ organization, and selected the eligible persons and 60% of the total project expenses (40% of the national expenses, and 20% of the military expenses) out of the total project expenses to be selected.

In addition, in order to receive one of the above subsidies, the selected subsidy program operator shall not use the subsidy for other purposes, submit relevant documents, etc. after the completion of the project, so that the details of the execution of the subsidy can be settled (settlement of the subsidy program) by submitting related documents, etc., and the qualifications and requirements for application for a recruitment shall be small group or a producer organization, and the intention or ability to pay the subsidy equivalent to 40% of the total project cost should be the prior execution of the subsidy program.

Defendant

A, Defendant B, and Defendant C knew the fact that they are non-personal producers organizations in order to be selected as the subsidized project operators of the instant project, and had no intent to jointly sell forest crops, and had no intent to jointly file an application for a subsidized project under the name of “I”, and suggested that Defendant D, who operates the design office of the instant project, prepares false documents of the instant project, such as the construction contract, with the mutual name of “J”, and Defendant D accepted this.

Then, Defendant A, Defendant B, and Defendant C borrowed money from those who were not capable of being able to bear their own charges, and deposited it into the said one-half account (Nong Bank in the name of the Nong Bank) and deposited it into Defendant D with the payment for the construction work.

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