logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.11.22 2019고단5663
사기
Text

Defendant

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

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

The Defendants jointly operate “stock company D”, which is a human resource supplier, in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C and 3, and the “victim E” is an enterprise supplied with human resources from the Defendants.

The Defendants are gathered to use the victim company's personnel expenses by receiving additional personnel expenses, etc. on the part of the victim company. On February 25, 2013, the above office D Co., Ltd. prepared a list of workers as if the victim company supplied human resources to the victim company, including the human resources not actually supplied, and submitted them with labor expenses, etc. on the same day, and the victim company was assigned KRW 1,803,608 from the victim company to the account in the name of F on the same day as labor expenses for the said false human resources.

As above, the Defendants conspired to deception the victim company from the above date and time to October 27, 2014, and acquired a total of KRW 220,083,706 through 113 times as shown in the attached Table (crime List).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of G, H, F, and I;

1. Statement to J police officers;

1. Each tax invoice, and details of receipt and payment of false wages;

1. Application of investigation reports (Evidence No. 13, 16) and Acts and subordinate statutes on details of financial transactions;

1. The Defendants: Articles 347(1) and 30 (General Provisions and Selection of Imprisonment) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A

(a) One month to ten years from the date of imprisonment with prison labor within the applicable range of punishment by law;

B. 1) The range of recommendations according to the sentencing guidelines shall be 1) the general fraud (type 2) and above KRW 100 million, and less than KRW 500,000,000: the factors to reduce the punishment: the scope of the recommended range and the scope of the recommended range (one month to two years).

arrow