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(영문) 부산지방법원 2018.02.21 2016고단7350
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Busan Jin-gu D Co., Ltd., E, International Trust Co., Ltd. (hereinafter “International Trust”), F Co., Ltd. and the Busan D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D (hereinafter “victim Co., Ltd. and the victim’s D D D D D D D D D D D D D D D D D D D D D D D D D Co. (hereinafter “the victim company”) concluded a contract on behalf of the victim company to take out loans from the victim company E with the consent of the victim company.

The Defendant is the management director of G Co., Ltd., and C is the actual operator of E Co., Ltd., and the Defendant worked as the management director at the request of the Defendant around January 21, 2013.

A subcontract for the instant construction project with F Co., Ltd. was concluded with F Co., Ltd., but F renounced the progress of the construction project, and the Defendant was newly employed at the Defendant’s request on February 20, 2014.

1. While the Defendant, as a management director of the Si Corporation, requested the payment of the instant gold amount three times around April 2013, the Defendant, who was in charge of the instant construction project, prepared a written request for payment of gold amount of KRW 17,00,000 to C, as if the Plaintiff conducted the construction of the external pents fence in the instant construction site, and submitted it to the KCA as if he had conducted the construction of the external pents fence in the instant construction site.

However, in fact, H had no entity in the name of the defendant in the name of the representative of I, who was operated by the defendant in the name of his father, and had not been changed in the name of the representative in the name of his branch, and did not participate in the instant construction. The account in the name of H in the name of the defendant was managed by the defendant, so if the victim company was aware of this fact, it did not consent to the execution of the fund, and if the victim company did not consent to the execution of the fund

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