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(영문) 광주지방법원 목포지원 2014.03.14 2013고단1187
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is engaged in landscaping business with D's trade name.

The Defendant, while planting trees upon receiving a subcontract from the victim E, which was a “F-speing construction work” (hereinafter “the instant construction work”), among the construction work for the construction work of the two sections behind the front of the F-speing complex, committed with the intent to acquire trees from the limited company G (hereinafter “G”) and H, even though there was no fact that he was supplied with trees from the limited company (hereinafter “G”) and H, and prepared a false supply statement as if he was planted, and submit it to the victim company to acquire the proceeds of trees

1. On January 18, 2012, the Defendant filed a claim with the victim company for the payment of the tree amounting to KRW 55 million with a false statement of account for the material cost of trees in the name of G at an office at the site of the instant construction site located in Mineyang-si, G, and received KRW 55 million from the victim company immediately from the victim company to the Agricultural Cooperative (I) account in the name of G.

2. On February 21, 2012, the Defendant, at the instant site office, filed a claim with the victim company for the payment of the tree amounting to KRW 15 million with a false statement of account for the purchase price of trees in the name of G by the victim company at the instant site office, and received KRW 15 million from the victim company immediately from the victim company to the agricultural bank account in the name of G (I).

3. On March 30, 2012, the Defendant, at the instant site office, filed a claim for the payment of tree amounting to KRW 20 million with the victim company by submitting a false statement of account for cash funds worth KRW 50.6 million, which the victim company became H, at the victim company’s office in the instant site office. On April 25, 2012, the Defendant received KRW 20 million from the victim company as the agricultural bank account in the name of H representative J (K) account.

As a result, the Defendant, by submitting a false supply statement, was issued a total of KRW 90 million on three occasions by deceiving the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness L and J;

1. Each prosecutor's protocol of statement against L, M and J;

1. -the Customer Director to the G.

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