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(영문) 광주지방법원 순천지원 2014.02.06 2013고합105
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for two years.

Defendant

Of the facts charged against B and C, KRW 50 million on March 16, 2012.

Reasons

Criminal facts

Defendant

A is the head of the K Center (hereinafter referred to as the “K Center,” and the other companies are also omitted the entry of the “stock company,” and Defendant B is the actual operator of L (hereinafter referred to as “L”) and the representative director of M (hereinafter referred to as “M”). Defendant C, as a chemical owner, is a person who was involved in the instant event in linkage with Nsi and K Center from the planned stage of the instant event and participated in the instant event.

On December 29, 2011, K Center entered into a contract with NA and J P PPP Organizing Committee (hereinafter “Organizing Committee”) for vicarious exercise of the PPP (hereinafter “instant contract”).

The contents of the contract are as follows: K Center shall act as an agent for the event of this case held from May 12, 2012 to August 12, 2012 (Planning, event progress, attraction of human resources performance-related facilities, and general management of other events), and the event cost is KRW 7.99 billion (the amount of national expenses, Do expenses, Si expenses, Do expenses, Si expenses, KRW 4.0 billion, corporate advertising, support, admission fees, and other incidental income of KRW 3.99 billion). The event cost is paid to K Center in line with the progress situation by the Organizing Committee, and it is paid to the K Center in accordance with the Act on the Budgeting and Management of Subsidies, the Ordinance on the Budget and Management of N City Subsidies, and the profits in excess of the event cost are distributed by K Center and the Organizing Committee at the ratio of 7:3 after deducting the profits (6% of the event cost) of the K Center and the Organizing Committee.

After that, as the event plan was revised to increase the performance team from 4 teams to 6 teams before the beginning of the instant event, around March 2012, a provisional agreement was made to increase the event cost to 11.6 billion won, but the event cost was finally changed to KRW 10.7 billion on August 9, 2012 without any change in the event cost.

L is, on the other hand, the settlement of the K Center's event cost, the payment of profits, and the distribution of profits.

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