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(영문) 서울남부지방법원 2020.02.07 2019고합458
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, from July 2016 to January 2018, is a person working for solar power plant installation company located in Seongdong-gu, Sungnam-si, Sungnam-si, and has been engaged in the collection of attempted claims for the construction cost at the Section Section C, and when receiving the construction cost from the transaction company, he/she has the duty to receive and manage the money from the corporate account under the name of the said Section C.

Nevertheless, on September 6, 2017, the Defendant received notice from the Victim D (State), a trading company of the said State, to receive KRW 586,542,50,00 from the said State, the Defendant violated his/her occupational duties and established a separate account in the name of the said State and opened an account in the name of the said State (hereinafter “a fake company”) with the same trade name as that of the said State, and prepares a false request for payment of the construction price under the name of the said State D (State), and used it to deceive the person in charge of the said D (State), and acquired the said KRW 586,542,50,00 from the said State to the account under the name of the said State and acquired the said amount, and caused property damage equivalent to the said amount to the said Section C.

On September 14, 2017, the Defendant established a fake company (mutual name “C”, registration number “E”, and director “F” (the mother of the Defendant). Around September 26, 2017, the Defendant opened a new bank account in the name of a fake company (G) around September 26, 2017, and around 20:0 on the same day, the Defendant requested the payment of the balance of the construction work in the column of the official file format stored in the Defendant’s computer in the foregoing Section C office, “D”, “D, 542,500 won” in the reception column, “D”, “B (Co., Ltd.), “B”, “a copy of the deposit sheet”, “A copy of the deposit sheet”, “H”, and “B”, “B/C representative director of the Defendant shall each prepare a false request for payment in Korean language with the name of the head of the Tong/C office, and then shall make a false request for payment in the name of the new account.

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