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(영문) 창원지방법원 2018.01.30 2017고단3245

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On August 31, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Changwon District Court, and the judgment became final and conclusive on September 8, 2017.

[Status of the Defendant] The Defendant is a person who operates a clean business that provides subsidies from the Industrial Safety Authority when he/she purchases safety facilities to prevent safety accidents at a workplace and submits evidentiary materials, as a broker for the sale of environmental improvement goods, safety facilities, etc.

[2017 Highest 3245]

1. On May 19, 2016, the defrauded: (a) by mediating the Defendant’s office located in Kimhae-siD to enter into a contract to purchase the victim case and this test is equivalent to the sum of KRW 3,678,400 from E at the office operated by the Defendant, the Defendant would deliver to the employee in charge of the said victim’s company “on the face of the price of the goods to be paid to E.”

“.......”

그러나 사실은 피고인은 피해자 주식회사로부터 물품대금을 받아 가로챌 생각이었을 뿐 이를 E에 전달할 의사나 능력이 없었다.

Nevertheless, on May 27, 2016, the defendant deceivings the employees in charge as above and transferred KRW 3,678,400 as the price for goods to the defendant's Nonghyup Bank account around May 27, 2016.

2. The Defendant: (a) acted as a broker for a company to enter into a contract for the purchase of safety facilities among manufacturers of safety facilities; and (b) let such manufacturers supply safety facilities to large companies; (c) KRW 24,488,400 out of the price of the above goods; and (d) paid KRW 24,488,400 to the said manufacturers via the Defendant; and (c) the rest amount was to be paid by large-sized companies with subsidies from the Industrial Safety and Security Authority.

The defendant receives the payment for the safety facilities and equipment from large enterprise that is a stock company.