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The defendant shall be innocent.
Reasons
1. D Co., Ltd., a major point of the facts charged, was in charge of the E apartment of the Gu government from January 2009 to September 2015 (hereinafter “instant apartment”) and the management entrustment service.
The defendant is the representative director of Corporation D.
On January 209, the Defendant entered into a calendar contract for the guard of the instant apartment at the apartment management office of the instant apartment, and filed a claim for the basic pay (876,000 won), night allowances (97,30 won), annual allowances (40,583 won), retirement reserve (84,549 won), four major insurance premium (96,211 won), clothes expenses (5,00 won), and 1,229,673 won including company’s leap (30,00 won), and the total amount of expenses for the guard for four security guards (1,29,692 won (1,29,6730 won) x 44 won.
However, in fact, the security guards employed in D were most aged 60 years or older, and all security guards employed in the apartment of this case were aged 60 years or older, and thus, the Defendant was demanded to add and pay the station expenses for the use of expenses in falsehood, even though they were not subject to the claim of the National Pension KRW 45,626 and employment insurance KRW 13,180 from the beginning.
As a result, the Defendant, by deceiving the Dong representative Council and its residents of the apartment of this case, was granted KRW 23,648,676 in total from January 2009 to September 2015, as shown in the annexed crime list, by claiming in falsity that the National Pension and Employment Insurance should be paid for the total expenses of KRW 59,024,304 in 209 (4 persons, December), and received KRW 2,82,688 in total from the victims.
2. However, according to the evidence duly admitted and investigated by the court, the following circumstances are revealed.
① According to the calendar contract concluded between D and the representative meeting of the occupants of the instant apartment, D agreed to provide a station service for guard to the instant apartment and receive a certain amount (7,214,00 won per month in the case of October 6, 2014 to October 5, 2015) from the service amount.
(2)