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(영문) 대구지방법원 2017.01.19 2014고단850
위증등
Text

Defendant

A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

【Defendant A was in charge of the duties of the head of the public office of H Co., Ltd. (hereinafter “H”), and was engaged in the duties of managing the site and arranging funds. Defendant B was in charge of the civil affairs of H, and was engaged in the duties of the head of the public office of H in the construction site.

I is the actual manager of the J(hereinafter referred to as the “J”) that is specialized in soil works and steel reinforced concrete works, and K is the representative director of H.

H ordered L construction from the Busan Regional Land Management Office on November 201, 2010, and from the Daegu Metropolitan City Construction Headquarters on September 2009, it ordered I and J to perform all of the above construction.

I further subcontracted each of the above works to other construction companies, and if I had to pay to each of the above companies more than the amount to be paid by H when settling the amount of the origin, I prepared a loan certificate with respect to the amount equivalent to the difference to H, and H intended to deduct the difference from the amount to be paid by H when I directly forward the difference to each of the companies, and then settling the next gold payment.

In light of the foregoing circumstances, K 10 million won on January 31, 201, and the same year

5. A total of KRW 280 million, including KRW 10,000,000,000 and KRW 60,000,000,000,000 for each of the above enterprises (hereinafter “the loan of this case”) was sent to each of the above enterprises, and the loan of this case was collected from I by requiring I to prepare three copies of the loan certificates stating the respective dates and amounts.

After that, the above K and I deducted KRW 100,000,000,000,000 from the 7-time gold settlement of L Corporation around November 30, 201, and KRW 60,000,000 from the 8-time gold settlement of the above Corporation around January 6, 2012, and KRW 120,000,000 from the 1-time gold settlement of M&D around January 6, 2012, each one deducted from the construction cost to be paid from H, and thus the debt of this case was fully repaid.

Nevertheless, K has three copies of the above loan certificate around April 3, 2012.

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