(영문) 수원지방법원 2018.11.22 2017고단8479

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(영문) 수원지방법원 2018.11.22 2017고단8479

사기

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In D Company that made the parts operated by the victim C in Pyeongtaek-si B, the Defendant had a duty to purchase raw materials from the business partner and put them into the D Company, and not dispose of raw materials to others without the consent of the victim.

Nevertheless, the defendant violated the above duty and entered into a contract for the purchase of plastic raw materials from the E company, which is the business partner, with the funds of the victim around August 2013, but the same year from August 16, 2013.

9. Before December 23, 200, KRW 9t (transaction price of KRW 21.7 million) was arbitrarily disposed of to G companies run by F, from among plastic raw materials purchased from E without the consent of the victim, and received KRW 18 million from F at will over ten times during the same period.

As a result, the Defendant arbitrarily disposed of plastic raw materials purchased from the E company in violation of his/her duties, and acquired the same amount of property profit by receiving a total of KRW 18 million as the price, and caused the victim to incur a loss equivalent to KRW 21.7 million in the supply price of plastic raw materials.

As long as it is recognized that the charges additionally added are guilty, it shall not be judged separately on the existing charges.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Inquiries about past transaction details;

1. The defendant and his defense counsel asserts that the crime of occupational breach of trust is not established because the raw materials disposed of to F are not property gains but property.

However, according to the above evidence, the defendant, who was in charge of the purchase of raw materials by the D company, ordered the D company to take more quantity than the necessary quantity and disposed of some of them to F.

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