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(영문) 서울서부지방법원 2014.01.24 2013고단433
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 3, 2008, the Defendant established and operated the Eunpyeong-gu Evalescent Hospital in Eunpyeong-gu Seoul, and concluded a contract for the supply of food and materials with H representative director H through the Vice-President F under his management at the above Evalescent Office, and agreed to bear the salaries of the employees, such as dietitians and cooks, belonging to the above Evalescent Office.

Accordingly, the above H received reports on the salaries of employees belonging to the above E-Cvalescent cafeteria and the expenses for the operation of the restaurant, and conducted education for the above employees separately from G, paid expenses for the management of the above restaurant, etc. directly to employees, and paid incentives to the above employees, etc., and considering the aspects of wages, management, etc., although the above employees are formally belonging to the above E-Cvalescent cafeteria, it cannot be deemed that the above E-Cvalescent cafeteria belongs to the above E-Cvalescent. Despite the fact that the above E-Cvalescent cafeteria was operated in the form of entrusted operation rather than directly operated, the Defendant was transferred KRW 54,960 from the victim’s bank account (I) around March 208, through the working staff in the above E-Cvalescent cafeteria.

Accordingly, the Defendant, as seen above, received a total of 425,131,630 won from March 2008 to January 2012, including the transfer of KRW 54,960 as a food surcharge, by deceiving the victim as above, and received a transfer of KRW 425,131,630 in total from March 208 to January 201.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H’s partial legal statement, witness J and K’s respective legal statement;

1. A copy of each police statement of L/M;

1...

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