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(영문) 부산지방법원 2017.07.19 2016고단6868
사기
Text

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

Reasons

Punishment of the crime

On March 2013, the Defendant, while working as the head of the Victim D (State) E E in Busan-gu, Busan-do Office, claimed the victim to refund the construction cost to the subcontractor, and had the subcontractor receive a refund of the difference between the actual construction cost and the subcontractor.

1. On March 2013, the Defendant issued a tax invoice to the victim at the above (E) office of the F Hospital’s “F Hospital Engineering (State)” with respect to the F Hospital’s construction, and the content thereof is false to the effect that the amount of KRW 70,846,00 of the lower cost should be deposited.”

However, in fact (State) E, the price to be paid to the Allied Engineering (State) was KRW 47,970,550, and the remainder was considered to have been returned by the defendant from the Allied Engineering (State) to be used as living expenses, etc.

The Defendant received a total of KRW 2,875,450 from March 13, 2013 to January 19, 2014, a sum of KRW 70,846,00 from the Plaintiff’s engineering to the Defendant’s account (G) in the name of the Republic of Korea from March 13, 2013 to May 28, 2013.

2. Around January 2014, the Defendant issued a false statement to the victim at the above (E) office, stating that “F hospital and H university site trees I pay KRW 6,053,000 to the victim, who is a member of the F hospital and H university site trees, and I has no account due to bad credit standing, and that I should deposit I’s spouse’s account into the J account under the name of I’s spouse.”

그러나 사실 J은 I의 처가 아닌 피고인의 처남 댁으로, 피고 인은 위 계좌로 돈을 받아 생활비 등으로 사용할 생각이었다.

On January 29, 2014, the Defendant received 3,548,000 won from the damaged bank account (K) in the name of J around January 29, 201, and 2,487,000 won from the said account on February 27, 2014.

3. On February 2014, the Defendant deposited KRW 42,900,000 with the Defendant’s office at H University (E) office in the lower company L in relation to the case of a contract for improving the environment of the nurse at H University (H University).

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