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(영문) 창원지방법원 2017.04.20 2017고단107

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A as the representative director of the Dispute Resolution Co., Ltd., which is a company manufacturing and supply company in Kimhae-si, A shall exercise overall control over the business affairs of the Dispute Resolution Co., Ltd., and from April 2001, Defendant B, who is affiliated with the said Dispute Resolution Co., Ltd. and works as the vice president, takes charge of the duties of giving instructions, etc. to the staff in charge of the business affairs and the shipment of the A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

The Defendants conspired to receive the supply price equivalent to the volume of secondary supply by means of preparing a letter of supply by 1 ton from 1 to 2 ton of the delivery vehicle on the grounds of the practice of the same kind of asphalt supplier, while supplying asphalts used at the road construction site, etc., and Defendant B instructed the shipper of the container to deliver the container, and Defendant C intended to prepare and issue a letter of supply by putting the weight of secondary supply loaded with the directly supplied vehicle on the part of the supplier while managing measurement program.

At around 07:46, Apr. 11, 2013, the Defendants conspired as above, and acquired the price of goods from around May 4, 2012 to around June 21, 2016, through the following methods: (a) in the process of supplying asphalt after concluding a license supply contract with respect to the “L Corporation” awarded by the victim (a State), Defendant C used a measurement program installed in the shipment room to arbitrarily modify it to 23.74 tons; (b) Defendant C used a measurement program installed in the shipment room to prepare and deliver the delivery document; and (c) acquired the delivery document at KRW 1.5 tons and the market price of KRW 38,270 from around 200 to June 21, 2016; and (d) from around 2013, Defendant C acquired the delivery document at least KRW 394,46,450 and KRW 270 from around 38,46,208; and (e) from around 2016.

Summary of Evidence

1. Defendants’ respective legal statements 1.