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(영문) 서울중앙지방법원 2016.10.05 2015고단5028
사기등
Text

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

Reasons

Punishment of the crime

1. The Defendant entered into a contract with the victim F, the principal of the C University Korean branch school, who is in charge of public performance marketing as the planning director of the C University and takes charge of performance marketing, to which the Defendant entrusted the management of the funds related to the progress of the performance by the victim, and to which the Defendant entrusted the management of the funds from the victim to the victim’s authority.

Around August 2014, the Defendant operated an entertainment company in Gangnam-gu Seoul, Gangnam-gu, G, and fourth floor, and carried out the performance of the above PPP performance by receiving a subcontract from the “I” contracted by the D Secretariat, according to the above contract concluded with the victim.

The Defendant: (a) received KRW 120,00,000 from “I” as the price for the above page performance, and used KRW 39,00,000 for personal consumption from “K veterinary hospital” to “H” on August 14, 2014; (b) embezzled KRW 30,000,000 on September 30, 2014; and (c) embezzled KRW 120,000,000 for personal consumption on October 1, 2014; (d) while working for the victim, the Defendant used KRW 39,00,000 for personal consumption on around September 3, 2014; and (e) embezzled KRW 120,000 for personal consumption on around August 16, 2014 to October 36, 2014; and (e) embezzled KRW 39,000 for personal consumption on a total of 36,505,000 for personal consumption.

2. Around October 10, 2014, the defrauded concluded that “the funds are insufficient by returning KRW 10 million to the D Secretariat and using the printing cost of the magazine operated individually by the Defendant.”

However, the defendant did not return to the D Secretariat KRW 10 million.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the said victim’s money from the victim to the above post office deposit account in the name of “H” and acquired the said money by deceiving the victim as a sum of KRW 18,000,000,000, around October 10, 2014, including KRW 10,000,000, around October 11, 2014, and KRW 10,000.

Summary of Evidence

1. A witness F, L.

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