특정경제범죄가중처벌등에관한법률위반(사기)등
1. The judgment below is reversed.
2. The Defendants shall be punished by imprisonment for two years.
1. The main point of the grounds for appeal is that the sentence of the lower court (three years of imprisonment; three years of imprisonment; and three years and six months of imprisonment) is too unreasonable.
2. The instant crime is deemed to have been committed by Defendant B, a person in charge of waste disposal, who is the actual operator of the waste transportation company, and the company in charge of the instant transaction contract with the Defendant A, which entered into a contract with the said company, in collusion with Defendant B to transport the wastes to the nearest company in the Dispute Resolution Co., Ltd during 62 times from May 201 to January 2014, or transported the wastes to the normal trading company even though it had been transported to the company without any transaction relation with the said company, by falsely or excessively claiming transportation expenses to the effect that it had been transported to the normal trading company. The Defendant A acquired approximately KRW 4.7 billion from the Dispute Resolution Co., Ltd., and Defendant A caused the destruction of evidence by eliminating all transportation expenses data, etc. between the company’s office computers and the company’s computer upon the commencement of investigation. It is very heavy in view of the background, period, frequency of the crime, the number of crimes, and the amount of fraud.
The defendants did not receive a letter from the victim Spanco side, and it seems that the damage recovery was not made in full.
In light of these circumstances, it is inevitable to sentence the Defendants with sentence equivalent to their liability.
On the other hand, the Defendants are attempting to commit a crime and are against the mistake.
Considering the actual cost of transportation, the actual amount of damage and the profits acquired by the defendants seems to be much less than the amount of fraud.
At the trial of the party, Defendant A deposited KRW 600,000 in order to the Dispute Resolution Co., Ltd., and Defendant B transferred the deposited bonds of KRW 350,000,000 to the Dispute Resolution Co., Ltd., with almost one of which the market price is 350,000,000 and KRW 100,000,00,00,000,000,00 won.
Defendant
A does not have any criminal records exceeding the fine, and Defendant B does not have any criminal records.