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(영문) 부산지방법원 동부지원 2018.10.04 2018고정493

사기

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

B is a Grade 8 public official in charge of C public health policy and infectious disease control of the infectious disease control team; Defendant D is the team leader of the above team; E is a Grade 6 public official in charge of the operation of the team; and the Defendant is a Grade 7 public official in charge of the operation of the above team; and the Defendant is a fixed-term worker who performs disease control duties in the above team from March 2, 2017 to December 22, 2017.

E proposed that “PP and D will have worked for a fixed-term worker for two days on July 2017, 2017,” and “B and D shall agree thereto, and the Defendant also agreed thereto, and the Defendant was willing to receive wages as if the Defendant had worked for a fixed-term worker for two days on the same day.

As above, the Defendant conspired with B, E, and D, and signed the work attendance book and work status book during July and August as if he were absent from office on two days between July and August 9, 2017, and as the Defendant did so, B, E, and D prepared a false official document and completed approval, and as the Defendant did not absent from office in July and August, the Defendant was issued 268,696 won (including a daily absence from office, paid week, monthly allowance, and simple food expenses) to the victim who was affiliated with the victim C public health clinic, and the Defendant was issued 268,696 won to the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with B, E, and D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to B, E, and D;

1. Application of Acts and subordinate statutes on the payment of wages to workers on a disinfection period basis (report attached to a copy of the work status of public health centers), a disinfection period work record, internal investigation report (report attached to the work record), workers on a disinfection period system, response to a request for cooperation under water supply and demand, investigation report (specific report on the amount of damage), July 2017 and August 2017;

1. Relevant Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines concerning the crime;

1.Article 70 of the Criminal Code to attract a workhouse;