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(영문) 수원지방법원 2014.11.26 2014고단3598
사기
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From April 11, 2007 to April 201, 2014, the Defendant was in charge of purchasing scrap metal, such as measuring the quantity of scrap metal purchased while working as the director of the division of the Victim C Co., Ltd., and preparing a measurement certificate and submitting it to the employee in charge of accounting. As if the scrap metal was supplied by the customer who sells the scrap metal, the Defendant was able to prepare a false measurement certificate and submit it to the employee in charge of accounting and obtain the money from the customer when the person in charge of accounting transfers the scrap metal.

On May 9, 2013, the Defendant prepared a false measurement certificate and submitted it to the employee in charge of accounting as if he was supplied with scrap metal equivalent to 3,190km, even though he was not supplied with scrap metal from E, and had the person in charge of accounting transfer KRW 1,084,60 to the account in the name of E on May 10, 2013.

In addition, the Defendant received a total of KRW 166,573,600 from the victim to March 26, 2014 through an account under the name of E, as shown in attached Table 1, from the victim to March 26, 2014. From September 2, 2013 to April 3, 2014, the Defendant received a total of KRW 170,840,470 from the victim to the account under the name of F, as shown in attached Table 2.

In this way, the defendant acquired a total of 337,414,070 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. Each police statement of G and H;

1. Certificate of employment;

1. Business registration certificate;

1. Each written confirmation of measurement, photographs, and the president of the Purchase Agency (Evidence No. 12,13);

1. Application of Acts and subordinate statutes to the details of each account transaction (the No. 14, 18, 19, 21, 22, 23, 25 through 28, 31, 32)

1. Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment with labor, which covers the pertinent provision of the law and the choice of punishment for the crime, [type of crime] general fraud of the fraud group.

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