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(영문) 대구지방법원 2015.12.18 2015고단5256

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant, while serving as D commercial workers in the Korea Rural Community Corporation, provided assistance to the affairs related to the impact assessment services implemented in the said construction works, and provided that the Defendant temporarily employed the required part of the daily worker employed in each project site to conduct the on-site investigation and requested the payment of labor costs, food expenses, etc., including labor costs and food expenses.

In the process, around March 2011, the Defendant, as if F et al., who did not work as a daily worker at the site had worked as a daily worker for E- Impact Investigation Services, was able to fraudulently prepare and submit relevant documents, such as a daily work performance report, and obtain it by means of claiming daily work personnel expenses for F et al.

Although the Defendant did not perform a field investigation work between March 201 and July 2013, 201, the Defendant, even though F did not engage in an on-site investigation work in the “Military E Impact Investigation Services” in 2011, the Defendant, as if F performed a work, deceptioned the Korea Rural Community Corporation by filing with the Ministry of Finance and Economy for the claim for personnel expenses for F by submitting to the Department of Finance and Economy of the Korea Rural Community Corporation, the document drafter, the general service Grade 4 G, etc. and the head of the Department of Finance and Economy, who is the discretionary authority, the document drafter, with the seal or approval on the written request for bank account, as if F performed a work.

In such a way, the Defendant had the Korea Rural Community Corporation deposit the labor cost of F into the Daegu Bank Account (I) in the name of F in which the Defendant had been in possession, thereby obtaining a total of KRW 29,454,920.

The Defendant, in addition to this, from March 201 to December 2014, 201, by deceiving the Korea Rural Community Corporation of the Victim as described in the attached Table I, and by deceiving 26 persons, such as false father F, the Defendant acquired 117,906,200 won.

2. Any person who violates the Electronic Financial Transactions Act shall transfer or acquire the means of access for electronic financial transactions.