사기
Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Criminal facts
1. Defendant A is a person who is engaged in the duties of transmitting, compiling, requesting, approving, etc. materials supplied to the above site to the Busan Seo-gu Department of Management at the Site of Building and Complex Construction, which is performed by D Co., Ltd., a victimized company.
The Defendant, in collusion with the employees of the F Co., Ltd. that deliver ready-mixeds at the above site, requested the damaged company, the head office, to pay the amount of the stored materials, and then received the excessive amount of materials from the victimized company, by means of receiving the money from the supplied company.
Around December 30, 2008, the Defendant asked the business members of F Co., Ltd. G of F Co., Ltd. to create a false invoice on the amount of 300 cubic meters of ready-mixed, and received it, and then, requested the F Co., Ltd. to prepare relevant documents as if the above ready-mixed was actually entered in the construction site and pay excessive amount to the victimized Co., Ltd., which is the head office.
Since then, around January 21, 2009, the Defendant received KRW 2 million in cash from H at the head of the Bupyeong Factory, F, Inc. at the above site office from June 23, 2009, and received KRW 12,400,000,000,000,000,000 from F, from five times, as shown in the list of crimes (1) as shown in the attached Table of Crimes (1) from June 23, 2009.
Accordingly, in collusion with G, H, etc., the defendant deceivings the staff in charge of the damaged company, whose head office is its head office, and thereby acquires property benefits from the victimized company.
Summary of Evidence
1. Each legal statement of the witness H and G;
1. The receipt details of the check attached to the first police interrogation protocol against the defendant, and the application of the law of the place of production record of ready-mixed
1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;