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(영문) 춘천지방법원 원주지원 2016.01.13 2015고단795

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a building and a man-made fishermen.

On August 5, 2014, the Defendant made a false statement to the victim D Co., Ltd., a company dispatched construction human resources in the original city, the head of the management cooperation team at the location of the Defendant, stating, “The human resources to be used for the contracted construction work are required, and the wages are paid in preference to others. It will immediately be paid as the construction cost is paid.”

However, even if the Defendant received the payment of construction cost, the Defendant thought that it would be appropriated for other construction cost, such as material cost, and there was no property possessed at the time, so the victim corporation did not have the intent or ability to repay even if it provided human resources to the Defendant and pays it on behalf

Nevertheless, around August 26, 2014, the Defendant received 12 daily workers from the victim corporation with respect to the “G Mart work site” in the “G Mart Replacement Work Site” in the original city F, and had the victim corporation pay 2.7 million won in total on behalf of the victim company from around the above day to September 30, 2014, and had the victim corporation receive 90 employees total number of employees from the victim corporation for a total of 22 occasions from around the above day to September 30, 2014. Accordingly, the Defendant paid 18,110,000 won total amount of wages to the victim corporation on behalf of the victim corporation.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a work process certificate, letter of payment of overdue wages, statement of work transactions and confirmation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (a comprehensive selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determinations of types: fraud, general fraud, and type 1 (less than KRW 100 million);