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(영문) 수원지방법원 2016.12.14 2015고단6092
사기
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the Defendant is acquitted. The Defendant is not guilty.

Reasons

[Amount of the charge] The defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court on March 30, 2010 and completed the execution of the sentence on November 23, 2010.

【Criminal Facts】

The Defendant is a deputy head of “S” R in Suwon-si and is currently a person who is currently a person with access to T.S.

1. The Defendant against the victim U was operating the Defendant’s Yump truck in the (ju) X, which is operated by the Singu, Young-gu, Gump truck. Although W did not receive transportation cost equivalent to KRW 45 million from the (ju) Z, W was the actual operator of the Z, due to personal appraisal with U.S., the Defendant waivered the claim for the above transportation cost.

By deceiving the victim, I tried to acquire the amount equivalent to the above transportation expense claim by deceiving the victim.

On March 31, 2013, the Defendant stated, “A” in the foregoing Z office located in Yeongdeungpo-gu, Young-gu, Young-si, AA, that “If X company W did not pay the money due to the transfer of X company W’s transportation expense claims, the Defendant will substitute the company designated by the internal company for the amount of the claim.” The Defendant said that “AB, upon the victim’s instruction, submitted documents, such as a certificate of personal seal impression, related to the transfer of the claim, etc., to the victim.”

However, in fact, although the Defendant did not have been transferred the transport cost claim from W, the Defendant acquired it and demanded payment as if he had legitimate authority to collect it.

The Defendant, by deceiving the victim as such, had the victim deliver aggregate amounting to KRW 19 million to AC located in Gyeonggi-do, around March 31, 2013, and had the victim pay the amount of said aggregate.

2. On February 2014, the Defendant against AD was aware of the victim’s fraud, i.e., provokings with the persons related to the agricultural cooperatives he/she became aware of while working as a reporter, and she may points of AD as one of agricultural cooperatives.

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