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(영문) 부산지방법원 동부지원 2019.05.31 2019고합68
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for two years, for two years and six months, for Defendant B, and for Defendant C, for one year and six months, respectively.

Reasons

Punishment of the crime

[Status and Presumption of the Defendants] Defendant A is the actual operator of the cleaning service chain Co., Ltd. E in Suwon-gu, Busan, who has overall control over the management of the company, such as the operation of the company, employment of employees, and fund management.

Defendant

B (Divisions of Defendant A) is a person who is the actual operator of G, a cleaning service company located in F in Suwon-gu, Busan, and has overall control over the management of the company, such as the operation of the company, employment of employees, and fund management, and is also a person who participates in the management of E by participating in major business decision-making, such as employment of employees and fund management of E as the business owner of the above company E.

Defendant

C (Defendant A's private villages and Defendant B's Chok) is a person in charge of the practice of operating enterprises, such as reporting important matters to A and B, while taking overall charge of the practice of hiring employees and fund management in E and corporation G.

From around 1995 to Busan Young-gu Office, H, I, J, and K, G is an enterprise that entered into a contract with the Busan Young-gu Office for the collection and transportation of domestic wastes from around 1990 to which the private consignment fee is paid by the private consignment fee.

Defendant

A and Defendant B, while operating the corporation E and G, listed the Defendants’ relatives as false employees of the above company, paid their future wages to use them as living expenses, listed the Defendants’ assistants as false employees of the above company, paid their salaries in the future, and then received them in cash and used them individually. The Defendant C was in charge of the practical role such as preparing a false employment contract or making a false salary, in physical coloring the persons who will register as false employees.

【Criminal Facts】

1. The Defendant A, a co-principal of the Company E, shall be the victim E. around April 2014.

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