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(영문) 창원지방법원 2014.06.13 2013고단3841
사기등
Text

Defendant

A Imprisonment with prison labor for two years, for one year and six months, and for eight months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

On September 28, 2008, Gyeongnam-do ordered "I renovation and Repair Project" to H Co., Ltd. in Changwon-si, Changwon-si, and agreed to sell and dispose of scrap metals generated from the above construction site first at H Co., Ltd. and then to offset the price by the total construction cost.

Defendant

A worked as a staff member of H Co., Ltd. from 2008 to 2008, and Defendant B served as the head of the site office at the above construction site. From 2008 to 2008, Defendant B served as a staff member of H Co., Ltd.

Defendant

C collected and disposed of scrap metal generated at the construction site at the above construction site.

1. The Defendants’ occupational embezzlement, around January 201, 201, ordered Defendant A, the manager of the management division, to raise funds by reducing part of the proceeds from the sale of scrap metal generated at the construction site at the above site, and instruct Defendant B, the manager of the management division, to use the funds for personal purposes. Defendant B, the manager of the waste scrap metal, carried out the scrap metal generated at the construction site to Defendant C, who was the manager of the waste scrap metal, and sold it on the scrap metal on the scrap metal, and demanded Defendant B, as a manager of the waste scrap metal, to raise funds by means of reducing the weight, etc

Accordingly, Defendant C removed approximately 85,320 g of scrap metal generated at the above construction site on a several occasions on January 201, and sold them at KRW 41,437,600 on the J property, as seen above, Defendant C, upon Defendant B’s request, prepared a false relay certificate, false tax invoice, etc. and submitted it to Defendant B, and Defendant B again submitted it after obtaining approval from Defendant A, with Defendant B, to the victim H Co., Ltd.

After that, Defendant C received 41,437,600 won under the name of the sales proceeds of scrap metal in the above 85,320 g from KR on the Jinlic, from KR, to the Defendant’s account under the name of the Defendant, only KRW 17,529,00 won corresponding to the above 35,780 g.

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