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(영문) 광주지방법원 2017.04.14 2016고단3754
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Business embezzlement against the victim C - “2016 Highest 4902,” the Defendant is delegated by the victim C Co., Ltd. with the duties of receiving orders for installation of solar power generation facilities and receiving construction cost.

On July 4, 2013, the Defendant: (a) concluded a contract to install solar power generation facilities equivalent to KRW 178 million in the name of E and the victim, who is the owner of DD in the former North Korea-gun; (b) received KRW 5 million as the down payment from E and embezzled the Defendant voluntarily consumed and embezzled it for personal purposes while he/she was in business custody for the victim.

2. Fraud against the victim F - The Defendant is an employee of Gwangju Seo-gu G from October 2013 to March 2014, 2014, who is a new renewable energy-related business entity (ju) in the first floor.

On October 1, 2013, the Defendant concluded a contract with the victim to build a new solar power plant 30kwp in a low temperature warehouse in the victim’s name (ju) in the victim F’s house located in Young-gun I, Nam-gun, and concluded a false statement with the victim stating that “The victim would be able to produce electricity to solar power generation and sell electricity before manufacturing and selling electricity to solar power generation by going through all administrative procedures.”

In fact, the Defendant entered into only a contract under the name of H, and the Defendant thought that the Defendant solely carried out construction works and received money from the injured party, and did not go through all administrative procedures necessary for the construction of solar power plants, such as obtaining permission for electric power generation projects from the office of the Young-gun, and even if construction of solar power plants above, even if construction of solar power plants is illegal, the Defendant could not sell electricity prior to the completion of construction of solar power facilities because permission and completion inspection by the competent authorities for development activities on solar power generation facilities cannot be conducted.

The defendant deceivings the victim as such, and attached Form 1 to the name of the damage.

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