beta
(영문) 대전지방법원 2014.10.27 2014고합116

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendants shall be punished by imprisonment for two years.

Defendant

B 101,450,000 won shall be collected additionally.

The above additional collection charge.

Reasons

Punishment of the crime

[Status of Defendant A] As the representative director of H Co., Ltd. that manufactures and sells CCTV-related products (hereinafter “H”), Defendant A is a person who exercises overall control over the company’s business and finally manages corporate funds.

Defendant

B A served as an employee of the Korea Rail Network Authority in charge of railroad-related installation works, etc. and retired from office around March 2005, and as a director of the I Co., Ltd. (hereinafter “I”) from around 2007, I is a person who is engaged in the design of telecommunications-related construction works awarded by the Korea Rail Network Authority, etc.

【Criminal Facts】

1. Defendant A

A. On January 201, the Defendant made an illegal solicitation to the effect that “In relation to the design of J facility construction, H products are reflected in the design in favor of the design in technology, price, etc. compared to other products” to the designer B, who was ordered by the Korea Rail Network Authority, at a place where the location is unknown.”

In return, the Defendant, from January 201 to June 2012, delivered KRW 38,450,000 in total to the bank account (L) in the name of K, a borrowed account managed by B, from January 201 to June 2012, and delivered KRW 101,450,000 in total, from January 201 to January 2014, as shown in the list of crimes in attached Table 1.

As a result, the defendant made an illegal solicitation in relation to the work B and delivered a total of KRW 101,450,000 to B.

B. Around January 2010, the Defendant’s occupational embezzlement of KRW 369,330,998 in the name of one false retirement allowance for occupational embezzlement was required to purchase his apartment around KRW 400,000,000. The Defendant, with the help of a tax accountant, received documents as if he were to retire falsely from his representative director, and received approximately KRW 400,000,000 in the name of the Defendant, M, and N retirement allowance and embezzled.

The Defendant around February 5, 2010, Seoul.