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(영문) 울산지방법원 2017.01.20 2015고합284
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant worked as the head of planning department in the Victim E Co., Ltd. (hereinafter “victim”) located in Ulsan-gun, Ulsan-gun, from around 1995 to around 2013, and separately established the subcontractor related to H’s safety device in the name of the Defendant’s wife G and took charge of the damage company’s service.

The Defendant, using the fact that he took overall control over the payment business of the gold to the subcontractor directly by the damaged company, prepared a false internal approval document by withdrawing the gold of H and other subcontractors, and submitted it to the damaged company to have the damaged company pay the gold by false documents, and had the damaged company receive the money owned by the damaged company by fraud.

Around April 30, 2011, the Defendant drafted a document stating “On-the-job analysis” by compiling the details of the subcontractor’s process and the cost of construction using a computer at the office of the injured company. The Defendant, even though there was no production or installation of S33 (P/S) parts in the GJ’s vessel, the subcontractor company, hereinafter referred to as “I”), entered false matters in the I’s fair details as “S name J, name J3 (P/S), name name S3 (P/S), contract amount of 41,269,80 won,” and prepared a “monthly execution settlement document” on the basis of the document, and submitted it to F, the representative director of the victimized company, who is aware of the falsity, thereby obtaining approval on the enforcement of the payment.

On May 21, 201, the Defendant had F transfer KRW 41,269,80,00, which was owned by the victimized Company, to the Gyeong-nam account (L) in the name of K representative director, under the pretext of golding KRW 41,269,80.

In addition, the Defendant, from around that time to around January 10, 2013, prepared a false document stating “the analysis of the weekly production conference” and “the monthly settlement of accounts” as if it had been produced without any actual production.

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