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(영문) 제주지방법원 2016.08.18 2015고단1398

사기등

Text

A defendant shall be punished by imprisonment for six months.

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. From September 30, 2013 to September 30, 2013, the criminal defendant in breach of trust related to the last day of the year is to operate the successful bid system of KRW 10,000,000,000 from the D main points operated by the defendant in Jeju City C and 2.

A. On June 30, 2014, the Defendant committed the crime against the victim E, who received a fraternity payment from the members of the fraternity, including the victim, as the agricultural bank passbook in the name of the Defendant, around June 30, 2014. Therefore, the Defendant was obligated to pay KRW 10 million to the victim E, who is the member of the fraternity designated to receive a fraternity payment on the same day (the second in the last order).

Nevertheless, the Defendant violated his duties and did not pay the fraternity to the victim, and around that time, the Defendant arbitrarily consumed the fraternity and acquired the pecuniary benefits equivalent to KRW 10 million, and suffered the same loss as the victim.

B. Around July 30, 2014, the Defendant committed the crime against the Victim F, who received a fraternity payment from the members of the fraternity, including the victim, as the agricultural bank passbook in the name of the Defendant, around July 30, 2014. Therefore, the Defendant was obligated to pay KRW 10 million to the victim F, who is the member of the fraternity designated to receive the fraternity payment on the same day (the last order).

Nevertheless, the Defendant violated his duty and did not pay the fraternity to the victim, and at that time, the Defendant arbitrarily consumed the fraternity and acquired pecuniary benefits equivalent to KRW 10 million, and suffered losses equivalent to the same amount to the victim.

2. The Defendant in the 23-day accounting fraud is from May 23, 2014 to operate the winning bid system of KRW 10 million with ten members, including the victim E, at the above D main points.

On September 23, 2014, the Defendant: (a) decided at the immediately preceding D week that the victim would be awarded a successful tender for September 23, 2014; (b) the victim would be entitled to receive a higher amount of money in the following month from the victim who has given up the money of this month and received a successful tender.

“A false statement” was made.

However, the facts are.