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(영문) 인천지방법원 2014.01.09 2013고정4354
사기
Text

Defendants shall be punished by a fine of KRW 1,500,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

On October 31, 2012, A was sentenced to six months of imprisonment for the crime of occupational embezzlement and two years of suspended execution by the Incheon District Court, and the judgment was finalized on April 3, 2013. On October 31, 2012, Defendant B was sentenced to one year and six months of imprisonment for the crime of occupational embezzlement at the Incheon District Court and three years of suspended execution, and the judgment was finalized on February 9, 2013.

Defendant

A is the director of the Nam-gu Incheon Metropolitan Government C Apartment Management Office, and the defendant B is the chairman of the council of occupants' representatives.

1. On September 2, 2010, the Defendants: (a) when the facilities were damaged due to typhoons on the above apartment, the Defendants were willing to acquire insurance money by means of submitting a written estimate for construction to the victim Hyundai Marine Fire Insurance Co., Ltd., an insurance company.

According to the above public offering, the defendant A requested the payment of insurance money to the non-official in the name of the victim company to the non-official in the name of the victim company around September 2, 2010, and submitted a written estimate for the rooftop repair work of KRW 13,900,000, which was prepared by the first police officer D on October 2010.

However, the defendants thought that the defendants will undertake the rooftop repair work to other companies that present a price lower than the above estimated price.

On November 3, 2010, the Defendants conspired, by deceiving employees of the victim company, received KRW 8,335,048 as insurance money from the victim and acquired it by deceit.

2. On September 9, 2010, the Defendants were willing to receive insurance proceeds by submitting a written estimate to the victim Hyundai Marine Fire Insurance Co., Ltd., an insurance company, as a result of the destruction of facilities due to lightning in the above apartment building. On September 9, 2010, the Defendants requested the representative G of F, a computer control system management company located in Guro-gu Seoul E-building 306, to receive the written estimate for replacement of parts.

According to the above public offering, the defendant A requested the payment of insurance money to a non-indicted employee of the victim company's name in the French area around September 9, 2010, and around October 1, 2010.

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