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(영문) 창원지방법원 거창지원 2020.02.19 2018고단221

사기등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who works as the representative director of D, a corporation located in Chungcheongnam-gun, Seoul, from November 14, 2015 to March 25, 2017, and manages and supervises all the duties. Defendant B is a person who works as the management director of D, a corporation from November 14, 2015 to March 2017, and is a person who performs duties, such as vehicle management, revenue management, and facility management.

Defendant

A around November 20, 2015, after taking office as the representative director of D, around 850,000,000 won of the financial support fund of the Gyeongnam-do Office and Chang Chang-Gun Office around November 20, 2015. A reduced the transportation revenue by reducing the amount of about 10 to 15% of the D transportation revenue. In order to pay an excessive amount of financial support fund determined by reflecting the transportation revenue from the Chang-Gun Office and the Gyeong-do Office. In addition, in addition, in the so-called “road vehicle” method in which bus managers manage their profits accruing from the operation of their buses, the bus management company managed the public bus and revenue from the bus company, and changed to the so-called “joint management method” in which the bus managers pay wages to the stockholders, and used the transportation revenue as above.

1. On November 2015, Defendant A’s joint criminal administration of the Defendants “A would have to receive less subsidies if the vehicle continues to operate as gold, and if so, the company’s operation would be difficult, and shareholders would also suffer losses. Once it is converted to joint management, it would be more convenient for the company to receive subsidies. In addition, the shareholders who purchased the bus prior to joint management would have to separately give up the bus and manage the bus separately if the transportation proceeds enter as the management director, and the Defendant B would have separately removed the transportation proceeds from the D-owned transport proceeds of the victim corporation.” The Defendant B consented to this, approximately 10-15%.