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(영문) 서울중앙지방법원 2016.10.31 2015고정3644

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in indoor interior interior affairs in the trade name of “E”.

The Defendant at the Seongdong-gu Seoul Metropolitan Government Office of “H” office for the operation of the Victim G in Seongdong-gu Seoul Metropolitan Government F, and from February 23, 2011 to the victim.

3. By the 15th day of the construction site of J facilities in Jung-gu Seoul, Jung-gu, Seoul, the attachment work of the ground floor is conducted, and the 5 or 10 on-site employees will be paid KRW 13,050,000, the cost of the work after the completion of the high-pollution phase work. The 270,000, daily personnel expenses for three persons will be transferred to the Defendant’s corporate bank account, and the personnel expenses for the remaining persons will be paid to the people first in cash.

However, from the beginning, the Defendant was thought to pay only KRW 6,750,000 (including 10% of commission) for the total of three personnel expenses for three persons each day that the victim remitted to the Defendant’s corporate bank account. The personnel expenses for the remaining on-site personnel who requested the victim to pay in cash was returned to the Defendant’s account and returned the cash paid by the victim to the Defendant’s bank account, and then paid it again to the on-site personnel, thereby leaving account details as if the Defendant paid personnel expenses to the on-site personnel group with the Defendant’s money. Accordingly, even if the victim was supplied with the on-site personnel group from the victim, the Defendant did not have any intent or ability to pay the full amount

Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim, from February 23, 2011 to the same year.

3. Until May 15, 198, personnel expenses of KRW 6,300,00 for on-site personnel expenses were first paid, and the Defendant did not pay it, thereby acquiring pecuniary benefits equivalent to the above amount.

Accordingly, the Defendant acquired property benefits by deceiving the victim.

On the other hand, the defendant's wage he received from the victim in cash from the worker, and he again receives the wage from the worker.