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(영문) 인천지방법원 2014.06.18 2014고단12

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From February 17, 2010 to May 2013, the Defendant, as the victim E Co., Ltd. (hereinafter referred to as “E”) team leader of the third floor of Dbuilding in the Nam-gu Incheon Metropolitan City Office of Management, took charge of the Internet opening and service affairs.

When Internet installation engineers belonging to the F Company, a cooperation company, completed Internet opening work, and notify the opening of the opening through the PDA terminal, the Defendant paid opening fees from the company to the bank account in the name of the victim E, and the victim C, a representative of the F Company, paid opening fees to the F Company according to the work volume of the Internet installation engineers belonging to the F Company, using the fact that C, a representative of the victim company, paid opening fees to the F Company according to the work volume of the Internet installation engineers belonging to the F Company, the Defendant received the opening fees.

On October 24, 2011, the Defendant reduced the opening value of the Internet of installation E affiliated with the F Company, and prepared a false report document prepared by C after increasing the number of installation engineers affiliated with the F Company’s Internet opening numbers, and then obtained approval from C on the aforementioned false report document prepared by C. The Defendant received KRW 1,019,000 from an employee in charge of accounting of E to the agricultural bank account in the name of the representative director G of the said F Company, including the transfer of KRW 1,019,00 from the Defendant to the Defendant’s account by March 21, 2013, and acquired KRW 46,55,049 in total by the same method as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. 집행유예 형법 제62조 제1항(피고인이 실제 인터넷 개통수치를 허위로 조작하여 개통수수료를 지급받거나 다른 인터넷 설치기사들의 개통수수료를 중간에서 가로챈 것은 아닌 점 참작) 이상의 이유로 주문과 같이 판결한다.