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(영문) 서울서부지방법원 2016.01.29 2015고단741
사기
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The Defendant, on July 2012, 2015, ordered the victims E Co., Ltd. (F; hereinafter “victim Co., Ltd.”) to act as a broker for the construction of the new factory in Korea by the said D, which is located in Sinsi-si, Sinsi-si, Sinsi-si, 2187, and had the victim Co., Ltd. contracted the construction cost of the new factory in amount to KRW 869,00,000 from D.

Accordingly, the Defendant, as a general manager at the construction site of a new interest plant in D) a victim company, was in charge of the selection of a subcontractor company, the order of goods, and the request for settlement of funds.

1. On July 27, 2012, the Defendant sent to F, the representative of the victim company at the site of the construction of the said D S S S S S S S S S S S S S S S S S S S SP in Si, and via the on-site director H, the amount to be used as material costs and personnel expenses at the new construction site

The term “assumed” was changed.

However, even if the defendant received money from the victim company under the pretext of the deposit, he was merely the defendant's intent to use it as the cost for purchasing apartment in the name of the defendant's women I, and did not intend to use it for the construction cost related to the above construction site.

As such, the Defendant, by deceiving the representative F of the victim company, received KRW 55 million from F on the same day under the pretext of advance payment from F, and KRW 10 million on August 6, 2012, and KRW 1 million on August 7, 2012, respectively, from the J Enterprise Bank Account (K) operated by the Defendant.

Accordingly, the defendant, by deceiving the representative F of the victim company, obtained a total of 66 million won and acquired it by fraud.

2. On August 31, 2012, the Defendant received steel materials from L to the said F at the same place as that of the foregoing paragraph (1).

It stated that the payment of KRW 10 million is changed to L.

However, the defendant did not receive the above steel materials from L at the above construction site, and when the victim company deposits the materials in L, it shall return them to L and use them for personal purposes.

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