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(영문) 광주지방법원 2020.02.14 2019고합292
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of 7,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Framework Act on the Construction Industry shall undertake construction works by lending his name or trade name from a constructor;

(1) A performance of construction works for mutual use of C Co., Ltd. was awarded a bid in KRW 2,914,695,000, as ordered by the Seoul Southern-gu regional headquarters of the Korea Land and Housing Corporation around September 2, 2014, for “F rental housing maintenance and repair works (construction, civil engineering, landscaping)” awarded by the Seoul Southern-gu regional headquarters of the Korea Land and Housing Corporation.

around September 2014, the Defendant received a lump sum subcontract for the maintenance and repair of the leased housing which was awarded by C Co., Ltd. from the above C Co., Ltd. office, and performed it by lending the trade name of C Co., Ltd from around that time to October 31, 2016.

(2) On October 21, 2016, H was awarded a contract for “F Rental Housing Maintenance and Repair Works (Construction, Civil Engineering, and Landscape)” by the head of the Gwangju-nam Regional Headquarters of the Korea Land and Housing Corporation on October 21, 2016 while operating G in the Seo-gu I and II of Gwangju-gu.

around October 2016, the Defendant received a lump sum subcontract for the maintenance and repair work of the rental housing awarded by G from the above H at the above office of G Co., Ltd., and leased and constructed the trade name of G Co., Ltd. from around that time to December 2, 2018.

B. Around July 5, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) established and operated K Co., Ltd. (hereinafter “Co., Ltd.”) on the Seoul Northern-gu J and the first floor (hereinafter “Co., Ltd.”) and has overall control over the operation and fund management of the victimized Co., Ltd., and the Defendant is one of the above 1-A.

When executing construction works by leasing the trade name of C Co., Ltd., such as paragraph (1), the injured Co., Ltd. received the construction cost executed by the victimized Co., Ltd through the account of L, etc. or several borrowed accounts in order to conceal such fact.

On August 21, 2015, the Defendant is under the name of the said limited liability company.

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