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(영문) 춘천지방법원 2018.01.09 2017고단374

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 person who was a representative of the direct employees at the construction site of the Dtel (hereinafter referred to as “the construction site of this case”) conducted by the victim C Co., Ltd. (hereinafter referred to as “C”).

On October 30, 2015, the Defendant claimed that the unit price of E’s labor cost of KRW 1.60,000 is KRW 1,80,000,000, which was paid to the said E and paid KRW 5,248,00 to the said E after receiving KRW 5,904,00 under the name of September labor cost of the said E from F, an employee belonging to the victim who believed to be true, and received KRW 656,00 from the said day to February 2016, and received KRW 95,730,000 from the said day as indicated in the list of crimes in the attached Table, from the damaged to February 275.

Accordingly, the defendant was given property by deceiving the victim C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to I by the police;

1. The details of transaction, the details of defraudation of labor cost, the confirmation letter, the statement of account transaction, the statement of daily payment of labor cost, the statement of wages, the statement of deposit transaction, and the application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The gist of the assertion is that the victim and the victim agree to the daily allowance per man per man is KRW 1.80,000,000, and the defendant agreed to pay the worker a daily allowance to be paid to the worker within the scope of the above agreement by setting a daily allowance to be paid to the worker, and therefore, the difference between the daily allowance and the daily allowance paid by the defendant to the victim by deceiving the victim is not

2. However, each of the evidence mentioned above and admitted therefrom are as follows.