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(영문) 서울서부지방법원 2015.12.08 2014고단3186
사기등
Text

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

Reasons

Punishment of the crime

1. Around the end of 2011, the fraud Defendant stated, “If the Defendant extended the victim B with the unpaid money supplied to each business entity, and the money paid is much and first paid, then the Defendant supplied the money for labor theft at the time of 2012, and then transferred the money to the account of an individual and a company designated by the Republic of Korea to receive the payment.”

However, the Defendant did not have any intent or ability to repay the borrowed money even if it borrowed money from the victim because it is not good to the financial condition of the Defendant.

Ultimately, the Defendant, as seen above, made a false statement to the victim, and received KRW 20 million from the victim at the end of 201.

2. Embezzlement: (a) the Defendant supplied 1,850 fee per set of KRW 7,00,000 to the labor union office of the National University Hospital in the name of the company that is operated by the victim at the set of KRW 10,000 per set of money; and (b) received the payment in cash for the difference of KRW 5,50,000 per set of KRW 3,000 per set of money for the Defendant used the remainder of KRW 1,295,00 as the sales cost, and agreed with the victim as the payment for the goods.

According to the above agreement, on April 25, 2012, the victim supplied 1,850 bits supplied by C language corporations to the labor union office of the National University Hospital Hospital located in the above Seoul Metropolitan building area.

On May 2014, the Defendant, while receiving KRW 18.5 million as the price for the above goods from the labor union of the said Korean University Hospital Hospital, was kept for the victim, and then embezzled KRW 1,29.55 million after deducting KRW 5.55 million as the price for the above goods, he did not pay it to the victim, but used it at will as the office operating expenses, etc. around that time.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the statement B);

1. Protocol of the police statement concerning B;

1. A list of transactions;

1. An investigation report (suspects, phone calls), an investigation report (in the case of a complainants), an investigation report (in the case of a complainants), and an investigation report (in the case of amendments between destroyed suppliers).

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