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(영문) 대전지방법원 2018.01.11 2017고합314

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as the head of the E Manpower Development Team in Daejeon Dong-gu, Daejeon, which is operated by the victim C(56), was in charge of the placement of human resources in each construction site.

On July 6, 2015, the Defendant, at the above E Manpower Development Office, put up a false statement of wages to the victim as if he/she had performed a work (F) by inserting up the parts of the Defendant and 12, other than Defendant and 12, into the astronomical Construction Site (Aisver (Building Pipe Management Officer: F).

However, the above departments did not work at the construction site in the astronomical construction site.

As such, the Defendant, by deceiving the victim, received cash of KRW 2,340,00, excluding 10% of the fee to be borne by the victim as wage, from the victim, from the victim, from that time to July 31, 2016, all of which were paid KRW 583,016,00 in cash over 223 times as shown in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of C’s statement concerning C in the statement protocol prepared by the police, and in the interrogation protocol of the suspect against the defendant prepared by the police (second time)

1. Documents related to the crime to be submitted by the complainant, the F disbursement statement, the G disbursement statement, and the H disbursement statement;

1. Jincheon-si Sacheon-si Syll (Evidence Nos. 3 and 9), Jincheon-si’s field wages, sight table (Evidence Nos. 5, 10) at the scene of the Sejong-si in the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic

1. Application of Acts and subordinate statutes to each investigation report (the No. 18,26, 27, 29, 30, 31, 33 of the evidence list);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including fraud, including fraud) for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year and six months, but not more than 15 years;

2. The sentencing criteria; and