beta
(영문) 수원지방법원 2018.02.21 2017고합179

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

[criminal record] On April 7, 2016, Defendant B was sentenced to one year and six months of the suspension of execution to the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement), and the judgment became final and conclusive on April 15, 2016.

[The facts of the crime] Defendant A entered an O Co., Ltd. established by P, one’s mother, in 1997 (hereinafter “O, etc.”), and controlled the management of O, Q, and M Co., Ltd. (hereinafter “O, etc.”) with O’s representative P from around 1999 as a general manager. From around August 2013, Defendant A took overall control of the management of the R Group as the president of theO, the representative director of the R Group, and the vice-chairperson from around December 2014 to around January 2013. Defendant B entered the business division of the 199O and was in charge of overall management of the business affairs of theO and the private sector M, and Defendant B and most of the shares of the P Co., Ltd. as a general manager of the P Co., Ltd. (hereinafter “O, etc.”).

Defendant

A In around 202, a local government, etc. that encourage the production of recyclable containers (referring to asphalt containers manufactured by crushinging waste containers after collecting waste asphalt containers as a part of the raw material) and the promotional of the Japan's agencies for the profitability of recyclable containers, etc., in order to build recyclable plant facilities to produce recyclable containers in the O. At the time of placing an order, such as government offices, etc., at the time, the government offices placed an order for any asphalt containers produced by using new aggregate that is not recyclable containers, but most of the unit prices of recyclable containers produced by using new aggregate, but the Defendants were lower than the unit prices of the asphalt containers produced by using new aggregate, and the unit prices are also manufactured by using new aggregate at the place of the order using those high for new aggregate.