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(영문) 서울남부지방법원 2013.12.23 2013고단3763
사기등
Text

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

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

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant, around August 201, at the victim C office where the Defendant, at the Gangnam-gu Seoul Special Metropolitan City Btel 1917, worked as an employee in charge of general affairs, such as business, at the victim C office, and at the victim’s internal director who received a claim for the sales price of the company without any particular objection, he/she shall pay 57 million won to the E company in the name of the ice Manufacturing chain. At the supplier’s request, the Defendant stated that “The F company will deposit part of the price into the individual passbook in the name of the F company.” However, in fact, the payment to the E company in charge of ice Manufacturing was merely 27 million won in total, and the remaining 30 million won was considered to have been acquired by himself/herself.

On August 11, 2011, the Defendant, by deceiving the victim as such, received 42 million won from the victim through the bank account (G) in the name of the F on August 11, 201.

B. On May 201, the Defendant at the above victim’s office, stating that “The Defendant received a request from the PCA life insurance company for the supply of golf balls. It should purchase and deliver golf balls, and deposit money to the golf supply company.” However, the above PCA life insurance company did not have any fact that it made a request for the supply of golf balls with the victim company, and it was thought that it purchased golf balls with the victim’s price.

On May 11, 201, the Defendant: (a) by deceiving the victim, caused the victim to transfer KRW 6,960,000 to the national bank account in the name of “H company,” which is a golf supply business entity; and (b) around that time, acquired the property, such as receiving golf balls equivalent to the said amount.

C. On November 201, 201, the Defendant made a false statement to the above victim’s office by stating that he/she should acquire a golf hole with the price actually paid by the victim and pay the golf hole to the said D, and the victim is a golf hole supplier on November 1, 201.

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