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(영문) 수원지방법원 2014.05.26 2014고단1585
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from August 20, 2012 to January 2013, 2013, as the victim E head of the purchase division, who manufactures, sells, etc. a consortium system D from the victims of the victim dispute settlement agreement, was in charge of the purchase and management of materials from the suppliers.

1. The Defendant, who committed a crime against the victim Dispute Resolution Co., Ltd., did not have any other way to pay the individual debt amount to several million won and there is no other way to pay it, and did so by exercising pressure on the customer of the victim company, and submitted it to the victim company, the Defendant had the victim company pay the amount to the customer, and had the victim company receive the amount excluding the actual transaction amount from the customer.

Around November 15, 2012, the Defendant: (a) received a false statement from the representative G of “F”, the business partner of the victim company, stating that the said F had supplied the victim company with the goods equivalent to KRW 3,920,000,000 in total of the market price of KRW 2,400,000,000; (b) submitted it to the victim company around November 15, 2012; (c) submitted it to the victim company around November 15, 2012; (d) had the victim company transfer the price for supply containing the price for false transaction; and (e) obtained from G to December 28, 2012, KRW 3,920,000,000,000, excluding the actual supply price, from the above supply price, on three occasions from December 7, 2012 to December 28, 2012.

B. The Defendant attempted to commit fraud, around December 26, 2012, prepared a false statement of transaction, stating that the said F had supplied 20 hybrids from G to the victim company. On January 15, 2013, the Defendant submitted the false statement of transaction to the victim company and submitted it to the victim company on January 15, 2013. As such, the said transaction is true, the victim company should transfer the price for supply, including the price for false transaction details, to G, and only 5110,000,000,000 out of the above supply price.

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