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(영문) 대전지방법원 2013.08.12 2012고단2477
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim B, while operating the Samsung Heavy Industries Co., Ltd., and conducted business activities so that Samsung Heavy Industries Co., Ltd. (hereinafter “victim Co., Ltd”) may enter into a contract for the supply and installation of D apartment’s home-to- home network products to the victim Samsung Heavy Industries Co., Ltd. (hereinafter “victim Co., Ltd.”).

On November 2005, the Defendant made a false statement to the effect that, at the office of the victim company located in the fourth floor of the Daejeon Sung-gu E building, the representative director of the victim company, “The construction has been completed, but the progress payment has not yet been issued,” and that, in settling accounts with the Samsung Heavy Industries Co., Ltd., Ltd., the Defendant should deposit the progress payment into the account of the Samsung Heavy Industries Co., Ltd., Ltd., which is operated within the payment for the progress payment. To do so, the Defendant and Samsung Heavy Industries Co., Ltd., Ltd., completed all stories

However, the defendant was not entitled to receive progress payment from the victim company on behalf of Samsung Heavy Industries Co., Ltd.

As such, the Defendant, by deceiving the above F, was transferred from the victim company to the bank account (G) in the name of the Defendant in the name of Korea Co., Ltd. in the name of Korea (G) on November 28, 2005, the sum of KRW 100,000,000 on December 5, 2005, and KRW 64,50,000 on December 14, 2005, and KRW 214,50,000 on December 14, 2005.

2. On February 9, 201, the Defendant was a director of the victim H and paid 20-30% of the total amount of the construction work paid by Samsung Card Co., Ltd. in cash by February 15, 201 to the J, the representative director of the victim H (hereinafter “victim Co., Ltd.”) at the Sungsung Industrial Office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the representative director of the victim H Co., Ltd. (hereinafter “victim Co., Ltd.”), among the K K newly constructed in the Gosung-gun of Gangwon-do, and paid 20-30% of the total construction work cost by the Samsung Card Co., Ltd. to the other company.

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