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(영문) 광주지방법원 2014.01.22 2013고합455

공문서변조등

Text

Defendants shall be punished by imprisonment for three years and fine for 1,800,000 won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Co., Ltd. E (hereinafter “E”) holds domestic exclusive sales rights with respect to electric components and connections with electric wires, electric wires, and electric wires, etc. produced by companies such as the U.K. F, G, and Italy H, so that the KON can share electricity, and it is a company that imports products produced by the above companies and supplies them to Alsom Korea, Korea Railroad Corporation, Hyundai Heavy Industries, W, etc.

Defendant

A as the head of E, is an employee exclusively in charge of import, business, sales, etc. of electric parts, such as a private leaser, and Defendant B is an employee exclusively in charge of import, business, sales, etc. of KON as the deputy head of E.

The Defendants conspired to deduct E’s assets using the so-called Paton L, which is established in the name of the J established in the name of the wife of Defendant B and the branch of Defendant A, using the fact that they exclusively take charge of all the tasks such as the import, customs, and business of products in E, and that I, the representative director of the E, delegated the Defendants with all the tasks to the Defendants and actually come from the management line.

Specifically, the Defendants planned to use the method of acquiring the difference between the supply price and the actual supplier of the products in the name of E after importing the products in the name of E at the request of Alsom Korea, etc. after receiving the supply request from Alsom Korea, etc., and supply the products to Alsom Korea, etc. at a lower price than the price for the products to be paid by Alsom Korea, etc.

The Defendants had the intent to modify relevant documents as if necessary during the process of pretending the transaction as above, not E, and in fact, L did not contain any fact of supplying goods or services, and L did not contain any fact of supplying goods or services.