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(영문) 부산지방법원 2020.02.06 2018고단3140

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2017, the Defendant, “2018 Highest 3140, the Defendant, at the (ju) D office in the operation of the victim C, and at the (ju) D office in the construction site, he appropriated the wages of the daily workers in excess of the wages that should have been actually paid to the workers, thereby allowing the victims to pay the more wages than the wages that should have been actually paid to the workers, and received by taking over the excessive wages paid from the people who received a large amount of wages.

On November 2, 2017, the Defendant submitted a daily output ledger to the victim at the above office around November 2, 2017, and prepared a false output ledger as if the “E,” which is a field worker, had the victim believe that it was a normal output ledger, paid in excess of 1,258,720 won. The Defendant stated that the above “E” was paid in excess of 1,258,720 won, and received KRW 1,258,720 from E to the Defendant’s account in the name of the Defendant from around that time to May 2, 2018, and received KRW 27,251,520 in total over 13 times, as shown in the attached list of crimes, from around that time.

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

The defendant of "2019 Highest 4872" is a person who has worked as the head of the Busan Southern-gu Construction Site Office under the jurisdiction of the victim D Co., Ltd. from October 1, 2017 to May 20, 2018.

The Defendant excessively appropriated the progress payment that should be paid to G, which is the subcontractor of the F Apartment System in question, and caused the victim company to pay the progress payment to G in excess of the progress payment, and received the progress payment that has been paid in excess of G and received through a return of the progress payment that has been paid.

On January 2018, the Defendant submitted documents related to progress payment to G in the unclaimed land to the victim company and made payment to G in excess of KRW 3,800,000, which is actually required to be paid to G.