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(영문) 서울북부지방법원 2013.11.07 2013고단1687

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won is paid.

Reasons

Punishment of the crime

From April 9, 2012 to November 20, 2012, the Defendant served as the site leader of the above high school reinforced concrete construction site that the victim FF Co., Ltd. (G) contracted from the gold Construction Co., Ltd. as the site leader of the above high school construction site. The Defendant did not have worked at the above construction site. On May 2012, the Defendant: (a) at the above construction site office, the Defendant prepared a false output report stating that H would work at the construction site as the site leader of the construction site; (b) had the employees of the victimized Co., Ltd. submit the false output report stating that H would work at the construction site; (c) had the employees of the victimized Co., Ltd. submit it to the site; (d) had the victimized Co., Ltd. receive the amount of KRW 1,105,000 from the National Bank account of H on April 8, 2012 to December 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for a fine under Articles 70 and 69(2) of the Criminal Act for the confinement of a workhouse: (i) confession, (ii) there is no previous conviction in the same kind; (iii) H is not a worker but a contractor, and the Defendant was paid the contractor’s remuneration; (iv) the Defendant was in fact responsible for operating such contract system (in the event of the investigation record No. 36 of the investigation record); and (v) deposit of KRW