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(영문) 대구지방법원 2018.11.23 2018고단2865

사기

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A, from October 2006 to September 201, 2016, as the victim C Co., Ltd. (hereinafter “C”)’s team leader of civil engineering works, the victim C Co., Ltd. (hereinafter “C”) was engaged in the selection of a subcontractor of civil engineering works, the conclusion of a contract, and the management of the origin thereof. Defendant B operated D Co., Ltd. (hereinafter “D”).

Defendant

B around April 29, 2013, after receiving a subcontract for KRW 80,410,000 of the contract amount under D, the term “F Corporation” of the Gyeongbuk-do E, which was ordered at the time of residing in the Gyeongbuk-do.

On December 2, 2013, the Defendants: (a) did not have any additional construction work for the said “F Corporation” in fact; (b) concluded a false subcontracting contract for the said package work; and (c) conspired to receive and divide the additional construction cost from C.

On December 27, 2013, the Defendants entered into a false additional subcontract agreement with C to KRW 177,584,000, including the amount of KRW 97,174,000 from the said “F Corporation” at the Dong-gu Seoul Metropolitan City Office around December 27, 2013. Defendant A, at the office around December 28, 2013, deceiving C of the victim by examining the written resolution of false spending of KRW 149,421,00, deducting the amount of money paid and the amount of insurance premium from the amount of KRW 177,584,00,00 from the said amount of money paid at KRW 149,421,00, the maturity of which is 18, 2014, and received KRW 149,421,00 from D and around January 20, 2014 from the victim.

As a result, the Defendants conspired to induce the victim, and received delivery of KRW 97,174,00 for the additional contract amount even though they did not perform the above additional package work from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Complaint;

1. Application of Acts and subordinate statutes on the subcontract of construction works, a detailed statement of a construction contract, additional subcontract for construction works, a detailed statement of a construction contract, a written resolution on expenditure, a copy of passbook C stock company, and the details of passbook transaction, and application of the Daegu Bank Account Transaction

1. Criminal facts;