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(영문) 춘천지방법원 강릉지원 2018.04.04 2017고단1434
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 10 to December 19, 2014, the Defendant served as an employee in C Co., Ltd. (hereinafter “C”), and served as the researcher for “D” services in 2014 ordered by Gangseo-si from around November 10, 2014 to around December 19, 2014, and as the researcher for “E” services ordered by the Gangwon-do Exchange Sea Headquarters from around April 10, 2015 to September 12, 2015, and as the researcher for “F” services from around November 25, 2015 to December 24, 2015.

1. On December 18, 2014, the Defendant in breach of trust submitted a written estimate stating KRW 922,836 in the purchase price of the food materials for “D” to the organization of the Gangwon-si University Industry-Academic Cooperation (Seoul), Gangwon-si, the injured party, and received a corporate card from the injured party, and paid KRW 922,836 in advance, instead of purchasing the food materials at H, which is the customer, by issuing the corporate card.

Accordingly, the defendant had a duty to use the amount of money settled by H as the purchase price of food materials for the above service.

Nevertheless, the defendant did not use the amount of money settled by H around January 2015 in violation of the above duty as the price for the purchase of food materials for the service, and the defendant had worked.

C Using food materials as the purchase price for food materials necessary for C, C had C obtain economic benefits equivalent to KRW 922,836 and suffered economic damages equivalent to the same amount as the victim.

2. The Defendant: (a) from July 21, 2015 to August 14, 2015, he/she was supplied with fishery products in Gangseo-si G; (b) from J, which is a wholesale retail company of fishery products operated by I, he/she was supplied with fishery products, such as literature, Gai, Yang, and Yang, to I to submit a estimate containing KRW 1,850,000, the price for which was stated, to the K-si University Industry-Academic Cooperation Group of Gangwon-gu, the damage victim; and (c) on September 1, 2015, the fishery products supplied by I to the Defendant amounting to KRW 300,000,000, the excessive claimed difference was returned to the K account; and (d) was kept for the victim.

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