사기등
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The Defendant, from January 2014, was in office as a regular manager of the Victim D Co., Ltd. (formerly: Company E) from around January 201, in relation to the development and sale business of two lots of land, forest land of 96,09m2, which the victim proceeded, and was in charge of the relocation of graves installed in the above forest.
On March 2014, the Defendant entered into a service contract for relocation of a grave with the H that “the injured party shall pay H KRW 500,000,000 in the name of the expenses for relocation and cremation of the grave for the purpose of the victim’s relocation from the expenses for relocation and cremation of the grave to H,” which is oral between the H and H that engaged in funeral business in the name of “G” in the mutual distress of the Singu Incheon Jung-dong 3, Jung-gu, Incheon. As such, the Defendant had a duty to accurately report the terms and conditions of such contract
Nevertheless, the Defendant violated his/her duties and received a transfer of KRW 51 million, in total, to the account of a community credit cooperative in the name of H (K) in which the Defendant jointly managed with H, from April 2, 2014 to April 30, 2015, to the effect that “the Defendant shall pay KRW 1 million to G representative H in addition to the cost of relocating a grave per grave.” The Defendant received a transfer from the victim to the account of a community credit cooperative in the name of H (K) in which the Defendant jointly managed the grave.
As a result, the defendant acquired property benefits equivalent to KRW 51 million in violation of his occupational duties, caused property damage equivalent to the same amount to the victim, and at the same time deceiving the victim as such, acquired KRW 51 million from the victim by deceiving the victim.
2. In light of its characteristics and degree of difficulty, the defendant's functions of a grave shall be given equivalent consideration. In full view of the circumstances revealed in the arguments and records, the "the status of the burial site" and "the status of consultation" (52 pages of investigation records).