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(영문) 부산지방법원 2017.02.03 2016고정1252

사기등

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a company that operates the wholesale and retail store of main goods in the name of “E” at the 6 stores located in the 2nd floor of the Seo-gu Busan Metropolitan City D shopping mall No. 2647, 2648, 2651, 2652, 2653, and 2654, and the victim F is a company that manages and operates the said D shopping mall.

In order to respond to the occurrence of unpaid management expenses, the securing of operating funds necessary for the maintenance of commercial buildings, etc., the victim company newly established the commercial building revitalization fund in the name of the commercial building promotion fund, and decided not to impose and collect the above funds on the commercial stores from May 2009. Since August 2009, the victim company established the name of the fund liquidity fund and imposed it by including it in the management expenses only for the commercial stores.

On October 20, 2009, the Defendant knew on October 20, 2009 that the Fund is not imposed on the non-business store through the D Commercial Building newsletter, etc., and had been willing to be exempted from the payment of the Fund by means of pretending that a part of the store is a non-business store, while continuously operating the business at six stores, by reporting the fact that the company's accounting team is retired.

1. Fraud;

A. On October 28, 2009, the Defendant continued to engage in the business in six stores, but the Defendant left the office of the victim company's accounting team at the above 2648.

On November 2009, the report reported that the above employee required the above employee to take measures to leave the above store, and that the victim company exempted the commercial promotion fund and the fund liquidity fund when imposing the divided management fee for the above store on November 2009. In addition, from around that time to June 2015, the company exempted the commercial promotion fund and the fund liquidity fund from the payment of the total amount of 5,192,80 won imposed over 68 times, such as the previous crime list (1) from around that time to around 2015.

B. The Defendant: (a) on June 1, 2010, at six stores.