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(영문) 대구지방법원 포항지원 2018.04.11 2018고단132
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, a person who actually operates a D limited partnership company established for the purpose of garbage cleaning business, etc., was engaged in collecting and transporting “multi-family housing waste” generated in E market through a service change agreement with E and annually, and also collecting and transporting “business site waste.”

While the Defendant was disposing of the wastes at the city as above, he fully bears the cost of disposal of the E market price, but the “business site waste” bears 30 won per kg of the cost of disposal. As such, the Defendant was willing to exempt the business site waste disposal cost by mixing the “multi-family housing waste” with the “multi-family housing waste” and the “multi-family housing waste” with the “multi-family housing waste.”

Notwithstanding the fact that “the head of a business” collected in September 1, 2015 was 409,640 kilograms, the Defendant: (a) prepared a demand for payment of the price as if the “the head of a business site” was 274,070 kilograms; and (b) submitted it to the public official in charge of the distribution of audio-visual resources and the administration division, and submitted the demand for payment to the public official in charge of the foregoing “the head of the business site” to obtain KRW 4,577,100 of the cost of disposal of KRW 135,570 kilograms of the “the head of the business site”; and (c) from that time to November 2016, the Defendant acquired financial benefits equivalent to the said amount of KRW 15 times in total,158,296,800 of the cost of disposal of the business site’s “the cost of disposal of the business site” as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to G, H, I, J, K, and F;

1. A report on criminal investigation (related to calculation of disposal costs), a report on criminal investigation (related to specification of the damaged amount), a report on criminal investigation (calculated by deceit and preparation of a list of crimes);

1.A report (Submission of documents relating to collection and transport);

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