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(영문) 인천지방법원 2018.11.08 2018고단1379
횡령등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A is a person operating C, and C is a contractor for the construction of F (State) who is a sewage supplier of a water plant located in Pyeongtaek-si D.

On March 15, 2017, the Defendant would have the victim G receive a direct payment of the personnel expenses of the parts of the said construction site in the form of a principal wage, thereby gaining profits equivalent to approximately KRW 8% of the personnel expenses paid in advance, on March 15, 2017, by having the damaged person receive a direct payment of the personnel expenses paid from the F.

The proposal made the victim's consent to establish H's company, and registered as a contractor for construction so that H may receive direct payment of personnel expenses from the above (State)F.

On April 28, 2017, the Defendant called the victim at a non-permanent location, and called “H from March of this same month to the 23th of the same month, the personnel expenses paid in advance to the human parts of the said construction site were tax issues, such as value added tax, and thus, it cannot be deposited directly from F to H’s account. Therefore, the Defendant’s account received from the above C, and immediately transferred it to H head of Tong.

‘Rest,’ and ‘the same year

5. Around 23.20: (a) received money from the FF to the account of C in the name of 73,723,644 won as personnel expenses for April; and (b) had the victim keep the money for the victim.

Around that time, the Defendant embezzled KRW 73,723,644, which was kept in custody in office C office, etc. located in Pyeongtaek-si, as above, using the aforementioned C’s operating expenses, etc.

The Defendants of 2018 High 3620 are those who operate a business supplying human resources at the construction site, and the Defendant A is those who operate the Human Resources Supply Business Co., Ltd. (State).

Defendants: (a) around the first half of April, 2017, the cost to be paid to the members of the Corporation (State) who are the original business entity that implements the wall board construction in the construction works of Eunpyeong-si-si, and who are recruited and supplied to the F by them, while carrying out the construction works with the lower authority to supply the construction personnel; and (b) the cost to be paid to the members who are supplied to the F in the form of monthly wage.

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