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(영문) 인천지방법원 부천지원 2014.10.07 2014고단1784

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From September 2012 to June 2013, the Defendant works as a director at “C” of the victim’s operation of Yeongdeungpo-gu Seoul Metropolitan Government 341 building C from around September 2012 to June 2013, and was in charge of PM (business manager, business manager) duties in relation to the reorganization of the E website.

1. On November 19, 2012, the defrauded concluded a service contract with the “stock company” with the “E website support business” on the part of the victim at the office of the said company, stating that the Defendant would settle the price of KRW 2.2 million.

However, there was no fact that the Defendant entered into a service contract related to the above “stock company’s straw” and the “E website business,” and there was an individual payment for the Defendant who is not the victim and the Defendant’s personal payment in the “stock company’s straw,” which was thought to pay the personal debt by the above method

Accordingly, the Defendant, as seen above, induced the victim, and caused the victim to transfer KRW 2.2 million to “string apps with a stock company” on November 23, 2012, thereby acquiring pecuniary benefits equivalent to the same amount.

2. Occupational embezzlement;

A. On November 23, 2012, while the Defendant kept and used the corporate card (corporate bank BCF) of the said company with permission from the victim to use the said company’s corporate card (company BCF) in connection with the business affairs of the said company, the Defendant, without connection with his/her business, performed personal drinking in the Bar of “G” located in Mapo-gu Seoul Metropolitan Government and paid 3.60,000 won, such as the said corporate card, by paying the said corporate card, without connection with his/her business affairs, and embezzled 13,082,850 won in total from the above date to May 4, 2013, such as the Defendant’s personal drinking value, lodging expenses, etc., as indicated in the attached list of crimes, by settling the said corporate card with the said corporate card.

B. On September 2012, the Defendant was provided by the victim with an amount equivalent to KRW 1.4 million at the market price of Manbuk-do 1,400,000 in relation to the business of “Stock Company D” and kept and used in custody around April 2013.