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(영문) 서울서부지방법원 2015.05.19 2014고단1001
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for ten months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. In the process of performing the business activities of the F Co., Ltd., Defendant A had the victim F Co., Ltd. acquired part of the money in the name of the contract cost for electrical construction received from F Co., Ltd.

On May 22, 2007, the fraud defendant, around May 22, 2007, thought that part of the expenses for the receipt of electrical construction from the victim F representative director G in Mapo-gu, Seoul, would be used by himself. However, "G would be able to receive the electrical construction from the construction site on the face of 30 million won in the face of her own expenses." It was transferred from the above G to the national bank account in the name of the defendant, and transferred KRW 25 million among them to B, and acquired the property interest equivalent to the remaining five million won by arbitrarily using it.

B. On November 16, 2010, around November 16, 2010, the defrauded: (a) on the hotel coffee shop in Mapo-gu Seoul Metropolitan Government, Mapo-gu around November 16, 2010, the Defendant thought that the Defendant would use the money for the purpose of obtaining electrical construction from the victim F (representative G) company; (b) on the other hand, the Defendant said G that “if the cost of obtaining electrical construction is required, 5 million won would be changed; and (c) was wired from G to the national bank account in the name of the Defendant to the national bank account in the name of the Defendant.”

2. Defendant B: (a) on March 29, 2012, the Seoul Eastern District Court sentenced Defendant B to a suspended sentence of one year for fraud; and (b) on the same year, Defendant B was sentenced to a suspended sentence of

7.12 The judgment became final and conclusive.

The defendant got the victim F (representative G) corporation to acquire money as the cost of electrical construction.

The defendant did not have the intent or ability to give the victim an order for electrical construction on the beginning of 2007. Thus, the defendant's business of the victim corporation F is "the construction site on the side of the lot" to A who is in charge of the business of the victim corporation F.

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