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(영문) 인천지방법원 부천지원 2016.01.08 2014고합294 (1)
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

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

(2) the date of this judgment.

Reasons

Punishment of the crime

E Co., Ltd. (hereinafter referred to as “E”) concludes an agency contract with F for the collection and transport of household garbage with F and for the collection and transport of household garbage. Defendant A is the representative director in charge of the duties of E, and Defendant B is the managing director in charge of actual management, such as personnel affairs, labor, accounting, and funds of E.

As a matter of principle, in the case of the business of collecting and transporting household garbage, it shall be performed in the form of outsourcing by concluding an agency contract with a waste collection company such as E, such as local governments, based on the relevant laws or public affairs, and in calculating such expenses, most of the personnel expenses are occupied and most important, it shall be paid to the US Won who is engaged in the business of collecting and transporting directly wastes, that is, the agency fee set by the direct labor cost, to the workers who are engaged in the business of collecting and transporting directly. Therefore, the F City receives a report on the payment details of agency fee from E for each half of the half of the half of the half of the half of the half of the half of the half, and in fact, it is in the form of a structure that can not be used without permission by the representative director, etc. of the corporate fund in the way of externally announcing it through mutual checks. It is not a business structure that actively creates profits, but because the agency fee is calculated by the F City through the standards such as the distance of movement of cleaning vehicles, average waste collection, the number of working hours per US worker, etc.

In such a situation, the Defendants conspired to do so, and even if the actual amount of gas supply is an average of about 15 million won per month, the accounts are calculated as a cause of approximately 25 million, following 25 million won.

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