(영문) 수원지방법원 여주지원 2015.02.06 2014고단758

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자간(%)

(영문) 수원지방법원 여주지원 2015.02.06 2014고단758

사기

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

However, 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

The Defendant is a person who served as a “E company” business director located in E-si from September 1, 2010 to August 20, 2013.

While the Defendant worked as a business director of the “E company” that is the victim company and is in charge of the management of goods and collection of money, the Defendant directly prepared a sales tax invoice for the victim company to be prepared by the “F company” under the agreement with G operator of the “F company”, which is the equipment supplier for the victim company, and included the amount of the supplied money in excess of the actual value. The Defendant submitted the said tax invoice to the employee in charge of the victim company who was unaware of the fact that he submitted it to the said employee in charge and had the said employee in charge pay the amount equivalent to the amount of the supplied money for the goods to the “F company” and received a refund from G to the account designated by the Defendant.

On May 16, 2011, at the above victim company office, the Defendant deceivings the employee in charge by submitting the tax invoice excessively appropriated for the delivery price to the employee in charge of the victim company as if the tax invoice was prepared according to the actual delivery price, and then, it was received from G to H’s account designated by the Defendant in the same day the difference between the remittance amount and the actual transaction amount is 6 million won from G, and the Defendant received 16,300,000 won in total four times as shown in the attached list of crimes.

Accordingly, the defendant was given a total of KRW 16,300,000 to the victim company by deceiving the staff in charge of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Part I and G of each protocol of interrogation of the defendant by the prosecution against the defendant

1. Each police statement to J and K;

1. Lritten statements;

1. Investigation report and case documents of the victim; and

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