beta
(영문) 전주지방법원 2014.11.14 2014고정798

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C is a representative of the E company who has been employed as a staff member of the victims (the victims) in charge of D at the construction site at Sejong City, and the defendant is a representative of the E company who has supplied human resources for the construction at the construction site at Sejong City.

Defendant

C around March 2013, the service personnel was laid off in the F On-Site Office at Sejong City F on-the-spot in order to collect personnel expenses from the daily construction of the victim(s).

Defendant

B. On March 1, 2013, upon the above public offering, C filed a claim for wage payment with the victim on March 1, 2013, by stating the number of 18 workers more than the actual number of workers, and it received 1,620,000 won from the victim as wages for the number of workers deprived of.

Defendant

In addition, in the same way, the victim received 1,260,000 won as the personnel expenses of 14 workers who were unrefilled in April 2013, and 2,970,000 won as the personnel expenses of 33 workers who were unfilled in May 2013, and 2,070,000 won as the personnel expenses of 23 workers who were unfilled in June 2013, and 540,000 won as the personnel expenses of 6 workers who were unfilled in July 2013, and 90,000 won as the personnel expenses of 14 workers who were unfilled in August 2013, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Protocol of the police statement concerning G;

1. A complaint;

1. Application of the Acts and subordinate statutes requesting wages;

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration, such as the confession and reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, and the fact that the victim agreed smoothly after the prosecution of this case