207 highest9 (A) Fraud

(b) Occupational embezzlement;

C. Violation of the Labor Standards Act

1. A. (c. Da. Kim00 (0000-0000),

- - the preceding 0 business representative

Residential 00 00 00 00-0 00 00 -0

Permanent address 00 00 00 00

2. A. 00 (0000-0000)

all 00 Secretary General of the Enterprise

Housing 00 Do 00 00 Do 00 Do 00 O-dong 1 1

x 00 x 00 00 x 00-00

3. A. Kim 00 (0000-0000), 00 business factory sites.

Residence 00 Doz. 00 00 Dog 00

Permanent address 00 a.m. 00 00 00

4.(b)Daehan 00 (0000-0000),

00 City Facility Management Corporation's article

Residence 00 Doz. 00 00 Dog 00

Permanent address 00 a.m. 00 00 00

Limited Days, Kim Jong-soo

Attorney Kim Young-ro (for the purpose of defendant Kim 00, defendant Kim Jong-young)

Attorney Ji Jin-jin (Defendant Kim 00, Park 00)

Attorney Kim Han-ju (Defendant 100)

June 13, 2007

The defendant Kim 00 shall be punished by imprisonment with prison labor for 5 years, by 00, and by imprisonment with prison labor for 1 year.The 70 days under detention prior to the pronouncement of the judgment shall be included in the above punishment against the defendant Kim 00, 134 days against the defendant Lee 00, and 118 days against the defendant Kim 00.

However, with respect to the defendant Lee 00, Kim00, the execution of each of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant OptionalO shall be acquitted.

The summary of the judgment of innocence against the defendant 00 shall be announced publicly.

Criminal facts

Defendant Kim 00 shall be the representative director of 00 00 00 00 00 00 00 00 00 0, 000 00 0, 000 00 00 00 00 00, 000 00 00 00 00, 000 00 0. 1. 00 00 00 0,000 00 0. 20 06 00 0,000 7 00 00 0. 06 0 00 0. 06 0 00 7 0 00 00 . 06 00 00 0. 206 0 7 0 00 00 . 7 0 00 00 00 . 6 0 00 7 0 00 00 . 200 7 200 3

2. Defendant Kim 00, on August 16, 2005, entered 00 companies with approximately 140 full-time workers working in 140 households (jus) and entered 3,468,545 won in total, including overtime work allowances, night work allowances, holiday work allowances, etc. with respect to 00 retired on August 26, 2006, and entered 3,468,545 won in arrears in attached Table (B) as stated in the details of the money and valuables in arrears of each person in attached Table (B), and did not pay wages in arrears to QuO on August 16, 200 without any agreement between the parties on the extension of the due date for payment between them within 14 days from the date of the occurrence of the cause for payment;

3. 피고인 김○○는, 2005. 1경 거제시 및 OQ 조선과 각 음식물쓰레기 처리대행 계약 및 폐기물(남은 음식물 위탁처리 계약을 체결하고 거제시와 00 조선에서 발생하는 음식물쓰레기를 처리함에 있어 그 처리비는 중량에 따라 각 거제시 및 QQ 조선으로부터 별도로 받기로 하였으므로 위 제1항과 같이 00 기업 (주)이 00 조선에서 수집한 음식물 쓰레기에 대하여 00 조선과 거제시 시설관리공단에서 이중으로 계근하고 00 조선으로부터는 계근명세서를, 시설관리공단으로부터는 계량증명서를 각 받아낸 후 이를 모두 (주) 00기업에 제출하고 있음을 잘 알고 있으므로 00 조선에서 수집한 음식물쓰레기에 대하여 시설관리공단으로부터 받은 계량증명서를 근거로 거제시에 그 처리비를 청구하는 방법으로 거제시로부터 음식물쓰레기 처리비를 이중으로 받아내기로 마음먹고,

around March 3, 2005, a request for food waste disposal expenses, accompanied by the measurement certificate of food waste collected by 00 shipbuilding, was prepared, and submitted to the public official in charge of the present presentation to collect, transport and obtain the food waste at the present time by submitting the measurement certificate to the public official in charge of the present presentation, and then received the remittance of KRW 2,732,818 from the public official in charge of the present presentation to the 000 account (Account Number: 00-00-00-000) in the name of 0 enterprises (Account Number: 00-00-00) and then received KRW 2,732,818 from that time until September 11, 2006.

Summary of Evidence

[Article 1, 3]

1. Each legal statement of the defendant Lee 00, Kim 00

1. Witness lecture 00. Yang00, Doz. Doz. Doz. 800 each legal statement

1. Each legal statement of a witness leap 00, Kim 00;

1. The prosecutor's statement concerning Kim 00;

1. Documentary statement of each police station against Gao-O;

1. Each protocol of seizure;

1. The actual condition survey report;

1. On-site photographs;

1. Each investigation report (the current status of the removal of food waste from 00 shipbuilding; the current status of the removal of food waste from the Korea Food and Waste Management Corporation; the current status of the vicarious contract for food waste disposal; and the current status of double claims for the transportation and disposal of food waste; 00 enterprises

1. A copy of a statement of root, a copy of a contract for collection and transportation of wastes (CO ship-00 enterprises), and an agency contract for the disposal of food wastes (odbs - 00 enterprises);

1. The current status of the collection of monthly food and waste, current status of food and waste storage, collection, literature team, request for the vicarious disposal of waste, and current status of collection by day;

【Criminal Facts Paragraph 2】

1. An interrogation protocol of the police concerning 00 persons;

1. Each police statement on 200, 00, 00;

1. A written accusation;

1. Application of the Acts and subordinate statutes to the individual employment dates, details of retirement days, and details of personal arrears and money and valuables;

1. Article relevant to the facts constituting an offense and the selection of punishment;

[Defendant KimO]

(a) The point of each fraud: Articles 347 (1) and 30 of the Criminal Act;

B. Violation of the Labor Standards Act: Articles 112(1) and 36 of the former Labor Standards Act (amended by Act No. 8372 of Apr. 11, 2007)

[Defendant OO]

Articles 347(1) and 30 of the Criminal Code

[Defendant KimO]

Article 347(1) of the Criminal Act (Appointment of Imprisonment)

1. Aggravation of concurrent crimes (defendants);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of pre-trial detention into the accused;

Article 57 of the Criminal Code

1. Suspension of execution (Defendants Lee Jong-soo00);

Article 62 (1) of the Criminal Code

Judgment of innocence on Defendant 00

1. Summary of the facts charged

Defendant 00, as an engineer in charge of the input of excreta treatment plant of the Dori-si, who manages and operates the foul waste treatment plant on behalf of a macro-si, is engaged in the work of controlling the input of foul waste collection and transportation business and receiving expenses for the treatment of foul waste on behalf of a macro-si, who is engaged in the work of managing and operating the foul waste treatment plant. Despite the collection of expenses for the treatment of foul waste from the macro-si, the foul waste collection and transportation business chain, and the Gyeongnam enterprise, the foul waste collection and transportation business, despite the collection of expenses for the treatment of foul waste in proportion to the permitted volume, he brought in the amount of foul waste in the manner of making a false report as if the foul waste is brought in from the macro-si, the business of collecting and transporting foul waste to the Gyeongnam enterprise, and on January 2005, he/she collected an aggregate of KRW 853,600,000 from the 275,100,000 won, and entered it in the 90,00,0,000.

2. Determination:

In a criminal trial, the conviction should be based on strict evidence that leads to a judge to have the degree of doubt that there is no reasonable doubt, and even if there is no such evidence, the interests of the defendant should be judged as the interests of the witness even if there is doubt that the defendant was guilty, according to the testimony of 100, 100, and 200, and other records, there is doubt that the defendant would have received money from the relevant company. However, apart from this, there is insufficient objective evidence to acknowledge the crime of occupational embezzlement, which constitutes the above facts charged, and there is no other evidence to prove the above facts charged, so the above facts charged should be pronounced innocent pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the above judgment shall be announced publicly pursuant to Article 58 (2) of the Criminal Act.

1. Reasons for sentencing 1. Defendant Kim 00: (a) although he was comprehensively responsible for the company’s representative, this case was extended to one hundred and fifty million won; (b) as his social status is higher; (c) currently the defendant’s birth, which is an independent judicial body, has created public opinion in a manner of not being innocent; and (d) has damaged the spirit of independent judicial authority (the above reporter’s opinion is merely a mere representation of the individual or company’s position). However, there is no reason to view that the defendant’s punishment would not be 1.5 billion won for all liabilities between the defendant and 00 million won; and (d) the defendant’s punishment would not be paid 1.5 billion won for all crimes; and (e) it is difficult to see that it was necessary to conceal the money and valuables of this case at the price of 30 million won by taking into account the fact that the defendant’s life, which is an independent judicial body, was in the process of rendering a judgment independent of public opinion, and that it would not be necessary to conceal the money and valuables of this case.

2. Defendant 100: (a) in the position of the chief of the general affairs department of the company, the statement is so harsh that it can guarantee the future from Defendant Kim 00, and the fact that the investigation and trial have been reversed several times, and that there is a possibility of criticism, and that it has been too late and rushly expressed his behavior in depth. The fact that it is fraud in terms of omission and passive aspect, and that it has made a false statement with the belief that she will live in the workplace. In consideration of the first crime, imprisonment with prison labor and suspended sentence, such as the order, is decided.

3. Defendant Kim 00: A crime of fraud is committed in terms of omission and passive aspect. A person in a position with considerable responsibility for a company is recognized as a person in a position with considerable responsibility for the company and is late and recognized as well and his depth is divided. In consideration of the deposited amount of damage, imprisonment with prison labor and suspended execution as ordered shall be sentenced.

Judges Heading