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(영문) 서울남부지방법원 2015.08.21 2014고단5171

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 2013 to June 2013, the Defendant: (a) was the victim D Co., Ltd. operated by Guro-gu Seoul Metropolitan Government as the head of the Scambling team; (b) was paid allowances depending on the performance of linking the construction site and workers; and (c) was engaged in the work of leading workers at the construction site. When concluding a labor contract with a construction company, the Defendant first paid a daily amount calculated by deducting 10% from the commission to the workers who were enrolled at the site of the manpower office; and (c) the manpower office, as if he knew of the fact that it was a structure of claiming labor costs from a construction company on a monthly basis, did not know that labor workers were input at the construction site, was used as a daily amount paid first to the workers by the victim.

On March 2, 2013, the Defendant concluded a contract with the person in charge of G site in Gangdong-gu Seoul, Seoul, to supply human resources to the victim in the above E office. As such, the Defendant made a false statement to the effect that he would input human resources to the site during the construction period.

However, the facts revealed that the Defendant did not actually existed at the construction site, and there was no worker employed at the construction site. From March 2, 2013 to May 16, 2013, 8 to 12 labor workers were falsely prepared and submitted to the complainant a false report and a receipt as if they were engaged in work at the site.

Around March 2, 2013, the Defendant received KRW 920,000 from the victim for the name of the G site wage in F as well as acquired KRW 143,859,00 in total from that time to May 16, 2013, as stated in the list of crimes.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each prosecutor's statement concerning D;

1. Each police statement concerning D;

1. Details of the departure at Pyeongtaek H site, a station watch, etc.;

1. A list of the stations at G (F), an calendar, etc.;

1. G (SI), G (SIC), G (SI, NI, and 1.I, NI, etc.