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Defendant
A Imprisonment for two years, Defendant B's imprisonment for four months, and fine for three million won, and Defendant C for one year and six months.
Reasons
Punishment of the crime
1. The Defendant’s fraud concluded a contract to supply food materials to schools using the names of Q, R, and S, which are food materials delivery companies, and supplied food materials.
In supplying food materials to schools, the Defendant knew that the school-related parties such as dietitians only confirm the supply quantity, but does not comparison the supply quantity of the unit price by item, with the knowledge that the supply of food materials to schools is not limited to the supply quantity by the school dietitians, and tried to charge the price of the food materials exceeding the contract content by manipulating the unit price by item more than the contract content.
The Defendant committed the crime against the Victim T High School: (a) concluded a contract with the Victim T High School to supply the food materials of agricultural products with the Victim T High School as a supplier around February 2013; and (b) provided the food materials equivalent to KRW 42,624,630 in fact to the said School from March 1, 2013 to May 31, 2013; (c) provided the said School with the food materials of KRW 55,098,950, as if the Defendant supplied the food materials of agricultural products equivalent to KRW 55,098,950, the Defendant claimed the amount exceeding the price, and was remitted from the Victim.
Accordingly, the Defendant, through the above dietitian, by deceiving the dietitian of the victim T High School, and thereby, acquired 12,474,530 won, which is the difference between the actual supply amount and the claim amount, from the victim T High School through the above dietitian, and acquired 82,50 won in total on seven occasions from around that time to September 30, 2014, as shown in attached Table 1.
B. On September 2013, the Defendant entered into a contract with U High School to supply food materials for agricultural products with the injured party U High School by using Q as the supplier, and then the Defendant actually engaged in the crime with U High School from Oct. 1, 2013 to Feb. 28, 2014.