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(영문) 서울동부지방법원 2015.04.09 2014고단3751

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months, by imprisonment for two years, and by a fine of forty thousand won; and

2. Defendant B.

Reasons

Punishment of the crime

Defendant A’s status is a person who works for the public relations office in Songpa-gu Seoul Metropolitan Government H (hereinafter “Corporation”) from December 27, 201 to December 27, 2013 and was in charge of duties, such as assistance to the president, purchase of promotional articles, etc.

Defendant

B From December 27, 2011 to December 28, 2013, a person who works as the head of the win-win management team in the Corporation's management support room and has been in charge of the management of assets, such as the purchase of promotional goods and expendable goods, general affairs, etc.

On April 20, 1989, the Corporation is an institution under the jurisdiction of the Ministry of Culture, Sports and Tourism, which manages the Fund under the National Finance Act or is entrusted with the management of the Fund, and the executives and employees of the Corporation are deemed public officials in the application of bribery in accordance with the Act on the Management of Public Institutions.

Criminal facts

The purchase of promotional goods, etc. of the public corporation shall be made by determining the kinds of goods, suppliers, etc. in the supply department, concluding a purchase contract, and entering the contract, tax invoice, etc. into the integrated financial management system in the manner of paying the price from the financial management team of

1. Defendant A, by deceiving a person in charge of expenditure of the Corporation, received the difference between the actual cost of goods paid to the Customer by submitting a false estimate, etc. about the type or quantity of the promotional goods actually purchased, and used them for the purpose of paying personal debts, etc.

On May 11, 2012, the Defendant purchased promotional goods from K, which is a public relations office of the public relations office of the Corporation, from K, which is a public relations goods supplier, and the facts are deceiving the person in charge of the financial management team, who is aware of the fact by means of deceiving 31,350 won per piece of supply, even though the Defendant was supplied with 6,270 won per piece of supply in an amount equivalent to 6,270,000 won, 300 won per piece of supply in an amount equal to 8,550,000 won per piece of supply.