beta
(영문) 수원지방법원 2016.06.01 2015고단5375

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C around October 31, 2012, construction temporary materials, which were established by lending D’s name, are also sold at retail and leased companies, and the name of the representative director was changed from D to F on August 2013, 2013, and entered into the closure of the business on December 2013. On the other hand, the location of the “E” was the “YUGGE” from January 2013 to December 2013. < Amended by Act No. 11614, Jan. 3, 2013; Act No. 11683, Jan. 3, 2013; Act No. 11688, Dec. 2, 2013>

A person who holds 40% of the shares in A and has been actually operating the company by holding the position of "head of the department".

Since around 2008, the Defendant, while in charge of the business, such as the sale of temporary materials by the said company, was in charge of a trade of the said company, and owned 30% of shares, the Defendant created and operated an individual business entity called “I” from January 2014 to June 2014 after the closure of the said business.

C and the Defendant, while operating the LAE, known the fact that there is a big economic profit if they reselled the material after directly purchasing the material at the material purchase site, but received the material from an enterprise with a human-friendly relationship with any other person with any particular fund, without using it, in collusion with the intent of selling it to another person without using it;

1. On January 11, 2013, around 10:00, at the Jincheon-gun, Chungcheongnam-gun, the victim company, operating the "construction temporary material leasing business" with L as a guarantor to the office of the K in charge of the K in charge of the settlement of accounts. As the defendant requested the M of the victim company to lease the construction materials in advance, the victim company's NTT to pay rent to the NTTN of the victim company without setting a rental period and, if the rent is not paid, the temporary materials will be immediately returned.

“Falsely false.”

However, in fact C, even if it has a debt of 9.3 billion won at the time and leases temporary materials from the injured party, it shall immediately dispose of them to another company, and construction for both parties is at the disposal price.