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(영문) 대전지방법원 2018.08.22 2018고단1397

사기등

Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

(State) F subcontracted the instant construction site among H facility construction works in substantial Gu, Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, which was awarded a contract by the Cheongju-si, to which Defendant B was the actual representative of Defendant B (State) I, Defendant A was in charge of the supervision of the instant construction site, fund execution, etc. as the site manager from March 2, 2016 to (State) I, and Defendant C was in charge of the instant construction site, such as supervising the instant construction work to a private person (State) as the site manager of the Cheongju-si, and supervising the instant construction work to a private person (State).

1. Defendant A

A. On April 5, 2016, the Defendant submitted a false statement of labor cost payment to the non-accounting staff at the construction site as above and filed a claim for labor cost payment at the office of the victim (state) who was in the J in Chungcheongnam-si, Chungcheongnam-si. In fact, the Defendant did not work at the construction site of this case for 10 days between March 1, 2016 and March 31, 2016.

On April 29, 2016, the Defendant received 993,500 won from the victim company to the post office account in K for wage purposes, from that time, and received 23,792,210 won in total from that time to December 26, 2016, and received 23,792,210 won from that time to the post office account in the name of K and L, as shown in the list of crimes attached hereto.

B. Around January 5, 2017, the Defendant attempted to commit fraud: (a) at the office of the said victim company; (b) at the instant construction site from December 1, 2016 to December 31, 2016, the Defendant did not have worked for 5 days each of the instant construction site and 11 days; (c) at the instant construction site, the Defendant submitted a labor expense payment statement stating that the Defendant did not work as above at the said construction site, and filed a claim for the payment of KRW 1,743,830 in total with labor cost as stated in the false statement; (d) on the part of the Defendant, the Defendant did not have the intent to commit the said fraud and did not have attempted to commit the said fraud.

2. Defendant A and Defendant B-.