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(영문) 창원지방법원 2013.04.19 2012고단2651

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employee of the “D (State)” victim in Kimhae-si, who is a shareholder of the said company, and E is in charge of fund management, and the said company was carrying out multi-family house construction in F at Kimhae-si, and even after having received a subcontract by G, the said company was doing so, the Defendant was issued a false subcontract document and a written estimate to the effect that “If he prepares one contract in the name of H and deposits the construction price from the said company into the H account in the name of H, he will transfer the payment to the J account in the name of internal generation if he deposits the construction price from the said company in the name of H, and he was awarded a subcontract document and a written estimate to the effect that he was awarded a subcontract for reinforced concrete construction of KRW 35 million from the victim company.

On September 26, 2011, the Defendant issued a written subcontract agreement and a written estimate with H (State) to the above E, “F multi-family house construction work was awarded to H company I located in K in Kimhae-si, Kim Jong-si, and thus, the Defendant paid the construction cost of KRW 35 million to H (State).”

However, as above, the above on-site reinforced concrete construction was constructed by G under subcontract, and the above subcontract agreement and the quotation were prepared falsely.

As such, the Defendant, by deceiving E, transferred KRW 20 million from E to the account under the said I’s name on September 26, 201, and KRW 15 million on October 13, 201, and acquired KRW 35 million on September 26, 201 and October 14, 201 from I, respectively. < Amended by Presidential Decree No. 23190, Sep. 26, 2011; Presidential Decree No. 23283, Oct. 26, 2011; Presidential Decree No. 23283, Oct. 14, 201; Presidential Decree

Summary of Evidence

1. Partial statement of the defendant (including the first protocol of trial);

1. Witnesses G, I, and E respective legal statements (the second, third protocol of trial);

1. Part concerning the defendant's interrogation protocol of each prosecutor's office against the defendant.