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(영문) 부산지방법원 동부지원 2016.06.13 2016고정424
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From January 2012 to January 2015, the Defendant was in charge of the distribution of leaflets and the collection of illegal leaflets while working as the position of the director at the victim (ju) C operated by B from January 2015, and (ju) C was in charge of the distribution of leaflets and the collection of illegal leaflets.

A defendant who has been in charge of the distribution of the former part of the leaflet was found to receive money from a subcontractor at the price of a subcontractor or to commit an unlawful act by dumping a part of the leaflet received by a subcontractor, etc., there was a duty to restrain it or notify it to B, etc.

Nevertheless, the Defendant, in violation of such occupational duties, provided that the quantity of the audience from the above D is more than that of other companies, and received an illegal solicitation to prevent problems even if part of the leaflet received from the above D was not distributed without distributing it. In return, the Defendant received a transfer from D to E account in several times from April 3, 2014 to December 2014, or received a delivery of the total amount of KRW 4.9 million in cash.

2. The Defendant, who was a director of the Victim B (State)C operated by the Defendant, prepared a false report as if he did so to F (Representative G), a business entity distributed the former part of F (State) C, and submitted a false report to F (State), which is a business entity distributed the former part of F (Representative G), and paid only the actual lower cost to F (State) and received the excessive payment from F (State).

Around December 25, 2013, the Defendant, by means of the foregoing method, acquired 20,000 won from the distribution price of the leaflet that was paid in excess of F, and by deceiving the victim (state)C as shown in attached Table II from the above day to December 17, 2014, and acquired 4,157,500 won from the damaged person through 36 times in total.

Summary of Evidence

1. The defendant's statement in court;

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