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(영문) 서울북부지방법원 2020.01.21 2018고단5306
사기등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for one year and six months, and Defendant C shall be punished by fine for 10,000,000.

Reasons

Punishment of the crime

[criminal power] Defendant A and B were sentenced to one year of suspension of execution on July 21, 2018 by the Seoul Northern District Court on April 11, 2018 due to a violation of the Commercial Act, etc., and their judgment became final and conclusive on July 21, 2018.

【Criminal Facts】

Defendant

A around July 16, 2015, a corporation: (a) established a corporation F (hereinafter referred to as “F”) for the purpose of waste collection and transportation business (hereinafter referred to as “E”) and operated in the name of the representative director G; (b) received a domestic waste business plan in H Gu around October 31, 2016; and (c) received a domestic waste business plan in a place of business on November 1, 2016; and (d) received a reasonable notification of the business plan around November 23, 2016; and (e) received a reasonable notification of the business plan on November 28, 2016, respectively.

Defendant

A, even if he/she is notified of the appropriateness of the waste collection and transportation business plan (collection and transportation) from H-gu, even if he/she is notified of the appropriateness of the waste collection and transportation permission, bidding procedures, etc. (in principle, from around 2015, autonomous Gus in Seoul including H-gu enter into a contract for cleaning services with a waste collection and transportation business entity through bidding procedures in principle: Provided, That the cleaning services contract can be entered into by free contract if bidding is conducted twice or more times). However, even though he/she was well aware that the Defendant B, who is the head of the management office of H-gu, was able to carry out the services for collecting and transportation of the H-gu domestic wastes, he/she was allocated a project area from H-gu to transfer F-funded price as if he/she could carry out the services for collecting and transportation of the domestic wastes by proxy without any particular problem. At that time, it is also problematic that he/she received the appropriate notice of the business plan from the Defendant C.

In addition, when permission is granted, it is possible to take over the F because it is possible to obtain high profits by allocating the project area from H-gu without molding.

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