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(영문) 서울동부지방법원 2019.05.23 2018고단2842 (1)

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who was in charge of the operation and settlement of D logistics as a member of C's strategic cooperation team, and Defendant B is a person who was in charge of D logistics sold by C as the head of E transmission center.

The F (the trade name was changed to G after April 2017) was the representative director of Defendant B, and G actually operated by Defendant B or I as the representative director, and the Defendants jointly operated.

(hereinafter referred to as “F”). D goods sold by Company C were under a consignment delivery contract in E, and in E, subcontracted to F the business of delivering C goods of Company C.

F From F to F, when claims are filed to E on a monthly basis by settling delivery charges and all other expenses, E claims to C, and C, after examining delivery charges and settlement documents, paid the distribution fees to E, and E paid them to F.

1. The Defendants, on December 2016, based on the fact that a logistics operation consignment agreement was concluded between the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) and E and the monthly transportation cost was settled according to the said agreement, the Defendants, as subcontractor, conspired to acquire money by double registering daily employees to F, a subcontractor, or by falsely registering the Defendants’ family members as employees, by falsely or excessively claiming employees’ wages.

Defendant

B A around December 2016, at the office of the Songpa-gu Seoul J-dong office of the 1st EP Center, Defendant A filed a claim for money as salary with the victim company by falsely registering L as F employee, although there was no fact that Defendant A was employed as an employee of the 1st floor EP center of the Songpa-gu Seoul building, and Defendant A had the victim company approve it as it is. At that time, Defendant A received KRW 1,170,000 from the F representative H’s account (the National Bank account of the G representative I after April 2017) as the benefit for L’s payment, and thereafter from that time until November 2017.