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(영문) 광주지방법원 목포지원 2015.07.17 2015고단636
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant worked as a management director of the victim (oil)D established for the purpose of building ships in Mapopo-si, and has been in charge of affairs related to the field, such as organization management, cooperative business and work personnel management, purchase of ship-related machinery and materials, etc. by assisting the joint representative E/F.

1. On the basis of the fact that the Defendant, along with G, was in charge of the affairs related to the purchase of vessel-related machinery and equipment of the victim (oil)D, ordered the supplier of steel to submit a quotation of excessive influence, and ordered the purchase of steel materials on the basis thereof, and then the Defendant was willing to acquire funds of the victim company by means of receiving a refund of the lost difference when the price is paid to the relevant supplier from (oil)D.

G around September 3, 2014, G demanded that “The total estimated amount to purchase steel materials shall be KRW 454,431,741, and the actual amount to be supplied shall be KRW 238,765,054, and the difference shall be refunded when the price is settled after submitting a written estimate,” and I prepared a written estimate in the name of “H” and sent it to G after photographing it.

G on the same day, at the D D office, drafted an order stating the purchase of steel materials of KRW 454,431,741 in total, and had the team leader, who is an employee in charge of finance, pay KRW 227,00,000 in an electronic bill, equivalent to KRW 50% of the contract amounting to KRW 454,431,741 on September 4, 2014, although he/she had by deceiving the above F by means of obtaining approval from F, a joint representative, and was supplied with steel materials of KRW 238,765,05,054.

After that, the Defendant demanded that the representative L and M’N, a partner company, post a telephone to see that the tax invoice of KRW 50,000,000 is cut, as if the Defendant traded with H.

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