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(영문) 인천지방법원 2015.01.15 2014고단8683

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person engaged in D duties at the Incheon District Base Headquarters C Team of the Korea Gas Corporation in Yeonsu-gu Incheon Metropolitan City.

On December 17, 2012, the Incheon District Base Headquarters of the Korea Gas Corporation entered into a purchase contract (hereinafter “the purchase contract of this case”) with the Korea Gas Corporation on supply of “factory Salt Facility Board” to 68,90,000,000 from the Korea Gas Corporation and its Company.

On February 25, 2013, the Defendant, who is in charge of the instant purchase contract at the Incheon District Base Headquarters, transferred 68,279,900 won, subtracting 620,100 won from the price of goods as liquidated damages, from the price of goods, to the Corporation (State). In this regard, the person in charge of the affairs of the Corporation did not transfer the amount deducted from the price of the goods as liquidated damages to the Defendant. As the person in charge of the affairs of the Corporation did not transfer the amount deducted from the price of the goods to the Defendant, the Defendant intended to make a stock investment or pay the debt by returning 68,279,90 won, remitted to the Corporation.

Accordingly, the Defendant said that “I will return the liquidated damages” to the person in charge of the business of the Vax, “I will return the liquidated damages, but I would like to transfer the KRW 68,279,900,00, including the liquidated damages, to the account within two weeks in that forum.”

However, even if the defendant receives 68,279,900 won from (jux), he did not have the intention or ability to remit 68,900,000 won, including compensation for delay, to (juxx).

Nevertheless, the Defendant, as such, received 68,279,900 won from the person in charge of the affairs of the (ju)betex to the new bank account of the suspect on February 25, 2013 and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Standard contract on the purchase of goods, a detailed statement, details of account transactions, e-mail details, entry certificate, and text notes;

1. Investigative Report (Submission Report of Suspect Admissions).