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(영문) 수원지방법원 안양지원 2014.06.26 2014고단348
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The Defendant, while operating the “C” for the purpose of construction business, such as steel works, entered into a lease agreement with the Victim Ati Corporation (hereinafter “victim Company”) from January 12, 201, and leased and used necessary construction materials at a construction site from January 12, 201.

1. Around June 2011, the Defendant leased and received construction materials worth KRW 7,492,00 in total of the market value, including pipes 434, to be used at the F site located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu from the victim company with the wife population D.

The defendant used the above construction materials leased from the victim company at the construction site and stored them for the victim company, and the same year.

7.6. Around June, at the above construction site, he arbitrarily sold KRW 7,755,00 to G and embezzled construction materials worth KRW 57,442,750, which were leased from the victim company on seven occasions from March 13, 2013, from that time to March 13, 2013, all of which were kept by the victim company.

2. On July 8, 2011, the Defendant stated that “A worker in charge of the victim company has a H pension construction site, which should be used at the said construction site, lent Hashen construction materials.”

However, in fact, the defendant had completed construction work on the solar site and sold construction materials from the victim company to another, and only intended to resolve the financial difficulties of the defendant company with the proceeds therefrom, and even if he borrowed construction materials from the victim company, he did not have the intention or ability to pay rent or return the materials.

Nevertheless, the Defendant, as seen above, makes a false statement to the employees of the victim company and received 700 pipes equivalent to the total market value of KRW 9,150,000 from them, and in the same way, from that time until April 27, 2012, the victim company was at the same construction site in the same manner as indicated in the attached Table 2.

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