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(영문) 서울북부지방법원 2015.09.15 2014고단516

사기등

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant B and C, it shall be for 2 years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On July 23, 2010, Defendant A was sentenced to one year of imprisonment with prison labor at Seoul High Court for fraud, etc., and the execution of the sentence was provisionally released on May 30, 201 and the remaining term of the sentence was expired on July 22, 201.

【Criminal Facts】

Defendant

A The business director of the victim F, the defendant B, the person who was employed as the technical director of the above company, and the defendant C entered into a contract with the above company to assist in the business of leasing and supplying materials, and the victim G is the person who operates the above company.

1. Joint criminal conduct by Defendant A and Defendant B

A. On May 10, 2012, the Defendants returned KRW 9,350,00 from the above J to the (ju) office located in Seocho-gu Seoul Seocho-gu, to the J, the president, and to the K, “C shall create a cooking unit in accordance with the model desired by the persons with K convenience points.” The Defendants returned KRW 9,350,000 to the said KJ and kept it for the said victim F.

The Defendants around that time paid 4,00,000 won to the above C as operating expenses, and used 2,675,000 won for the remaining 5,350,000 won for each individual purpose, such as living expenses, according to their spirit.

Accordingly, the Defendants conspired and embezzled 5,350,000 won.

B. On June 7, 2012, the Defendants made a false statement at the office of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu L, 808, and F Co., Ltd. F, Ltd.’s office, and the victim G, stating, “The 6,325,00 won of the container price shall be remitted to Ma who is the manufacturer of alzinum container necessary for the alzinium business.”

However, the above M was not a container manufacturer but an insurance company's employee, and the defendants thought to use the money received from the victim for personal purposes, such as insurance money.

The defendants deceiving the victim as such and belong to it.