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(영문) 전주지방법원 2018.05.31 2018고단179

사기

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Attachment, Defendant A is the representative of Company E with limited liability; F is a person who was an employee; F is a person who searches and analyzes bid items in connection with the construction works to be tendered during the working period in the said Company; F is a successful tender through the submission of tender documentation by setting a bid price; 0.5% of the cost of the construction works; civil engineering and construction works; 2% of the cost of the construction works; and the cost of the construction works to be paid from the Company; according to such an agreement, Defendant A received a contract for the construction works with the Korea Rural Community Corporation awarded the contract (the contract date, 2,154, 924, 00 won; value added tax 215,492,00 won; value-added tax 12,150,000 won equivalent to the cost of the construction works (cost) on December 23, 2015.

On the other hand, while working in the above company and receiving 2.2 million won per month as wages, etc., F had experienced conflict with Defendant A as a result of some overdue wages at the time of withdrawal from the company, and on November 14, 2016, Defendant A made a petition against Defendant A to the Labor Agency.

Accordingly, on November 17, 2016, immediately after the above petition, Defendant A filed an application for payment order with the court of the loan by asserting that the loan was a loan of KRW 2,1.5 million paid with the above agreed compensation. Defendant B, an employee of the company’s accounting, was present at the civil procedure conducted upon the objection of the payment order as a witness, and was willing to perjury.

[Specific Crime]

1. On December 3, 2015, Defendant A (Attempted Fraud of Litigation) received a successful bid through G and related F, which was ordered by the intention of Jinnam Regional Headquarters of the Korea Rural Community Corporation, and remitted KRW 21,50,000,000,000 of the cost of construction to F to F’s account (H) prior to the transfer of F in terms of performance-based agreement.

Nevertheless, on November 17, 2017, the Defendant is 21,50,000 won based on the details of the above remittance to the public service center of the Jeonjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.