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(영문) 춘천지방법원 2020.01.16 2019고단1122

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B The C Center affiliated with the Ministry of Health and Welfare and Gangwon-do operated a system for dispatching substitute teachers when there is a vacancy, such as leave, and the Defendant performed the management and dispatch of substitute teachers at the C Center from August 1, 2016 to June 30, 2019.

The Defendant, in paying the benefits to the substitute teacher at the C Center, knew that there is a large number of substitute teachers in the payment of the benefits, and that the head of the operation and management team of the Center, who performs the duties of paying the benefits in various amount paid as benefits, did not confirm the details and total amount of benefits by the D, etc., stated the amount posted in the “salary expenditure resolution” and the “salary statement” and obtained approval from the said D, etc., and provided D with the “alternative teachers’ personnel expenses table” stating the amount of false details and the account number, etc., and if D transfers money in the name of benefits by fraudulent means, he received the money from the remitter and received the subsidy from the B Center to obtain the subsidy managed by the B Center.

Around December 22, 2018, the Defendant: (a) even though the amount of the salary paid on December 2018, 2018, which must be paid to a substitute teacher, was KRW 59,691,50,00, the Defendant stated the total amount of the salary paid on the statement of salary grade for December 2018 as KRW 61,209,550; (b) deceiving D with the approval of the said D; (c) granted D the E’s account number (CF) the Defendant’s seat number (FF) and the deposit amount of KRW 1,518,050, additionally stated, so as to transfer the said amount to the account in the name of E; and (d) thereafter, the Defendant acquired the said amount by return from E.

In addition, the Defendant, by deceiving the said D under the same law, obtained subsidies of KRW 21,514,020 from December 24, 2018 to June 25, 2019 from June 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;