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(영문) 인천지방법원 2020.10.15 2019고단9030
사기등
Text

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

Reasons

Punishment of the crime

1. The Defendant is a person working as the site director of the Yeonsu-gu Incheon Metropolitan City Ctel Corporation, which was executed by the victim company B (hereinafter “victim company”).

The defendant had the awareness of the employees who are paid by the victim company, and had the victim receive the difference by deceiving the difference.

On July 27, 2018, the Defendant ordered F to request food by expanding the number of persons who actually provided meals to the victim company, and the above F, upon the Defendant’s instruction, did not have provided meals at the above restaurant during the pertinent period, the Defendant, G, H, etc. filed a request with the victim company for food substitution including the food cost of the above Defendant, etc., and then received KRW 550,000 from the victim company and received KRW 4,850,000 in total from around that time to May 31, 2019 from around 10 to by fraud.

2. Occupational embezzlement from March 27, 2019 to the same year

5. From the construction site to the 15th day, (15) had been supplied with the STS pipe equivalent to KRW 99,000,000 among the suppliers of the materials in Yeonsu-gu Ctel at the construction site of Yeonsu-gu, Incheon for three times, and then disposed of at least KRW 57,000 on the part of the victim company.

Accordingly, the defendant embezzled the property of the victim company in his occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. The police statement of K;

1. A complaint;

1. A written statement F and L;

1. Application of the contents of the Kakao Stockholm conversation, specifications of transactions, copies of passbooks and statutes;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including frauds), Articles 356 and 355(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, determination on the Defendant and the defense counsel’s assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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