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(영문) 수원지방법원 성남지원 2017.08.17 2016고단3380

사기등

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

1. On January 3, 2012, the Defendant: (a) at the E Company’s office located in Asan-si, Asan-si; (b) the victim F was responsible for handling scrap metal worth KRW 15 billion at the market price at the site of removal of the headquarters and factory located in Asan-si; and (c) the victim F was responsible for handling scrap metal worth KRW 6 billion among them.

The scrap metal can be subtracted from one month after the end of one month, and first of all, the scrap metal will be transferred if it is transferred.

The phrase “ makes a false statement.”

However, since the Defendant did not have any authority over scrap metal at the site of removal of G head office and factory, even if he received money from the injured party, he did not have the intent or ability to supply scrap metal to the injured party as agreed.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million on February 11, 2012, and KRW 10 million on February 20, 2012, to the post office account under the name of the Defendant; and (c) received KRW 2 million on February 20, 2012, under the name of the entertainment expenses, etc. for employees of G employees to receive scrap metal as above; and (b) received KRW 5 million on March 2012, 200 from the police officer in cash, under the pretext of entertainment expenses, etc. for employees to receive scrap metal as above.

2. Embezzlement;

A. On April 30, 2012, at the same place as above 1.3, the Defendant removed the sn beamline from the construction site of Changwon-si, and would give scrap iron equivalent to KRW 400 million at the market price.

For the victim, the sum of KRW 45 million, including KRW 50 million on May 4, 2012, KRW 20 million, KRW 12 million on May 18, 2012, KRW 8 million, and KRW 45 million on May 22, 2012, and KRW 5 million on June 4, 2012, was transferred to the post office account under the name of the defendant, and was transferred to the victim under the name of the defendant. At that time, 30 million among that time, the amount was transferred to the I who has the authority to dispose of the scrap metal under the name of the defendant, and the remaining KRW 15 million was embezzled for the personal use of the defendant's living expenses, etc., and used it.

B. On September 12, 2013, the Defendant: (a) destroyed a scrap metal supply contract with the Defendant, supra; and (b) was total from September 12, 2013 to June 11, 2014.