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(영문) 부산지방법원 동부지원 2017.06.29 2017고단937
사기등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 15,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. From September 2010, the Defendant was serving as the head of the quality control division in G G in Busan-gun (Death, Mar. 25, 2017) from around September 2010, the Defendant: (a) was instructed by the above G to adjust the mixing ratio of cement products to reduce the cost of manufacturing ready-mixed; and (b) was asked to manufacture and supply ready-mixed products, the mixing ratio of which was adjusted arbitrarily by mixing the mixed quantity, such as cement mold franchise, which was requested by the trading company; and (c) was decided to manufacture and supply them.

On March 13, 2015, the Defendant supplied ready-mixeds in accordance with the Korean Industrial Standards (KSF 4009) to the J, an employee of the said victim company, when supplying 5 cubic metres at the I construction site under construction works conducted by the Victim Mobilization Construction Industry Co., Ltd. located in Busan Shipping Daegu, Busan, and supply them with ready-mixeds in line with the Korean Industrial Standards (KSF 4009) as the Defendant requested to supply.

“A false statement” was made.

However, even though the Defendant agreed to combine 307 Kgg of the upper mold of 1 cubic meter, such as the above J and supply letter, it was thought that the Defendant would deliver ready-mixeds below the Korean Industrial Standards by means of reducing the low unit price by mixing 219 Kg only, etc., and inserting the mixed fire cement with low unit price in lieu thereof, and the Defendant had no intention or ability to deliver ready-mixeds in conformity with the supply request form automatically recorded, as it was voluntarily prepared and arranged in accordance with the standards of the above victim company.

As above, the Defendant, by deceiving the above J and receiving KRW 403,00 from the victim company for the same day as the price for delivery on the same day, received KRW 403,00 from March 13, 2015 to June 25, 2015, supplied 220 times in total, such as the list of crimes in attached Form 220, and obtained the supply price of goods equivalent to the total amount of KRW 94,843,966 from the victims.

(b).

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