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(영문) 인천지방법원 2015.08.26 2014고단780
사기등
Text

Defendant

A Imprisonment for eight months, Defendant C shall be punished by imprisonment for six months, and Defendant B shall be punished by a fine of six million won.

Defendant .

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and Defendant C’s co-principal are the chairman of the Gyeyang-gu Council of Residents’ Representatives of Gyeyang-gu, Incheon, the person who served until April 2013 as the head of the above apartment management office, and Defendant C is the representative director of the IE.

After the Defendants came to know that subsidies were granted to 70% of the construction amount in relation to the “project” project implemented by J, K, and L in collusion with L, they applied for an increased amount of money than the above amount of construction amount and conspired to implement the construction work only with the subsidies without any self-charge, even though the actual construction is required to cover approximately KRW 40 million.

Therefore, on January 8, 2013, the Defendants submitted documents such as a false business plan stating that construction cost of KRW 56,728,00 (i.e., 16,728,000) is required in relation to the project of removing wall and tree planting at the Gyeyang-gu Incheon Gyeyang-gu Office located in J, K, L, and the Incheon Gyeyang-gu, Incheon, and acquired subsidies of KRW 40,000 after again submitting a tax invoice, completion statement, etc. on June 2013.

2. In managing the miscellaneous revenue of Defendant A, Defendant B, M, N,O, and P, the head of the management office, who is the managing body, shall manage the miscellaneous revenue in accordance with the apartment management rules, and shall account as management expenses, etc. and the head of the management office. The net profit accrued therefrom shall be disposed of as the reserve fund in order to cover the insufficient budget for the expenditure of management expenses, and the Women's Association shall not participate in the execution of the above budget, such as the revenue and expenditure of apartment miscellaneous revenue, as an apartment life organization, and the management body shall execute the operation fund of such self-employed organization

Nevertheless, the Defendants in collusion with M, N,O, and P on January 201, in order to conduct the management office of H apartment in Gyeyang-gu Incheon Metropolitan City, and the apartment miscellaneous income by sunrise, and the bulletin board.

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