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Defendant
A Imprisonment with prison labor for three years, and for one year, for Defendant B.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
Defendant A is the actual operator of “Co. E” located in Yansan-gu and “Co. G” located in Kim Jong-si established for the purpose of manufacturing the combustion system, etc., Jeonju-si established for the purpose of the alternative fuel sales business, etc., and Defendant B is the person who works for the business head of the above Co., Ltd.
1. The Defendants’ co-principal’s written indictment stating that “The performance bond is eight billion won” was concluded between the above E and H on June 2009, but it appears that the contract was concluded with “the condition that the amount is adjusted first to eight billion won, and the principal office is paid 4.5 billion won (8 billion won)” as “the condition that the performance bond is paid in the first place under the name of the deposit against this, the amount is adjusted to eight billion won,” and there is no evidence to prove that “the statement of understanding that the performance bond is eight billion won.” Although the contract was concluded, the Defendants’ co-principal’s intent to recruit regional agents first of all with the funds to be paid as the deposit, from July 2009 to July 7, 2009, Defendant B concluded a total sales contract with the victim on the national purchase of substitute fuels with the victim, and the performance bond was paid 7 billion won among the performance bond which was paid 8 billion won and 1.5 billion won.”
However, according to the conclusion of the MOU at the time of conclusion of the statement of understanding, the performance bond paid to the above H was less than 100 million won, and the total amount of alternative fuel sales contract entered into between the above E and H with the performance bond of 4.5 billion won on October 2009 is 1.1 billion won in the bill of indictment that Defendant A received in the name of the deposit from local agents, including victims, from local agents, “1.1 billion won out of 3.2 billion won in the name of the deposit.”