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(영문) 대구지방법원 상주지원 2018.04.17 2017고단122

사기등

Text

Defendant

A Imprisonment of two years, Defendant B’s imprisonment of ten months, Defendant C’s fine of seven million won, and Defendant D.

Reasons

Punishment of the crime

In addition, the 2017 Highest 122, [the Defendants, etc.] Defendant A is the internal director of G Co., Ltd. (hereinafter “G”) located in the Gyeongcheon-gun N (hereinafter “G”) who has overall control over business affairs, office management, etc.

Defendant

B as a deputy head of Q Co., Ltd (hereinafter “ Q”) who is a contractor for construction of the P apartment in Ansan-si P, A, and Defendant C, as a deputy head of Q Q’s public service, is a person in charge of overall administration and administrative affairs.

Defendant

D is the head of R Co., Ltd. (hereinafter referred to as “R”), who is the person in charge of overall affairs related to the construction, and Defendant E is the deputy head of R, who is the person in charge of affairs related to the construction.

[Detailed Criminal Facts]

1. On March 2016, Defendant A and Defendant B had been performing the construction of transporting and disposing of underground wastes at the construction site of the victim Q Q construction site of the instant apartment site located in Andong-si, Anndong-si (O). Defendant A and Defendant B, together with Defendant B, were able to share the construction cost by receiving a total of 100 dump truck, which is put into waste transport, with the total of 10 vehicles added to the waste transport, and then receiving a partial payment for the construction cost.

As a result, Defendant B prepared a false log on the shipment of wastes out of the 100 prices of waste transport dump truck at the above construction site and delivered it to Defendant A. Defendant A claimed payment of construction expenses to the victim on the ground of the date of removal of wastes out of the false land. Defendant A received construction expenses of KRW 56,100,000 for the false increased construction expenses on April 21, 2016 and acquired them by fraud under the name of construction expenses.

2. Defendant A, B, C, D, and E’s fraud is that Defendant D is entitled to return money by cutting off the amount of waste disposal costs due to the lack of on-site management costs due to the financial difficulties of the company’s financial situation.