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(영문) 대전지방법원 홍성지원 2017.11.15 2017고단435

무고

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 1, 2015, the Defendant was sentenced to a suspended sentence of three years for a crime of fraud on the grounds of imprisonment with prison labor for a period of one year and six months with red support of the Daejeon District Court, and on June 9, 2016, the said judgment became final and conclusive.

[The relationship between the parties] The defendant is a representative joint representative director who actually operates D Co., Ltd. (hereinafter “D”) located in Chungcheongnam-nam Budget Group C (hereinafter “D”) established for the purpose of manufacturing artificial natural stone, landscaping, civil engineering, construction works, and projects corresponding thereto, and is registered as a joint representative director under the name of his/her spouse E. F is a person who performs accounting, etc. as D’s employee from March 21, 2005 to May 15, 2013 and prepares an accounting document, such as a written resolution on withdrawal and payment of money, and disbursement, at the direction of the defendant, and accordingly executes D funds.

Meanwhile, on March 5, 2012, the Defendant: (a) entered into a “light supply contract” with the content that D would be supplied by G (State) around March 5, 2012 (hereinafter “G”); (b) from around April 2012, the former accounting division of G in lieu of G.

Around December 2012, H entered into a new agreement with H to be supplied with stone stone, I agreed with H to transport stone of D, a transportation business entity, and on around 209, J requested the Defendant to file an application for permission for the collection of soil and stone in the mountainous district located in the Chungcheongnam-gun budget group where the Defendant intended to purchase.

[Presumption Facts] Although the Defendant is obliged to supply tin with D’s human resources and equipment to the construction site, the Defendant was suspected of supplying “s blasting tin” to the construction site without undergoing the above processing procedure, and on July 1, 2015, the Daejeon District Court was sentenced to imprisonment with labor for one year and six months, a suspended sentence of three years, and the Defendant was anticipated to be subject to any disadvantage such as recovery from the Public Procurement Service (the Defendant was actually subject to recovery disposition for 238,984,190 won from the Public Procurement Service on January 19, 2017). The Defendant’s wages, etc. against D on January 6, 2016.