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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단263
사기등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

G Co., Ltd and victim H Co., Ltd. (hereinafter “damage Co., Ltd.”) jointly contracted to work with the G Co., Ltd. and the damaged Co., Ltd. jointly contracted to work, but the shares of the G Co., Ltd were 80% and the shares of the damaged Co., Ltd were 20%.

When Defendant A prepares a “request for required expenses” monthly and submits it to the victimized Company, the victimized Company would pay the construction expenses in advance to each business entity, settle the accounts of the G Company, and Defendant B, an employee of the G Company, was to confirm the request for required expenses prepared by Defendant A to settle the accounts, and finally approve the request.

The work was executed.

Defendant

B The employees of G Co., Ltd. worked as the site manager at the above construction site, and the Defendant A served as the employees of the damaged Co., Ltd. at the above construction site.

1. While the Defendants were holding a meeting related to the construction work on December 2, 2016, Defendant A terminated the construction work to Defendant B.

As air has been reduced, the defendant B proposed that 5 million won compensation per person shall be paid to a worker who has been extremely hotly engaged in the work, and the defendant B accepted it.

In order to prepare the above compensation cost, the Defendants conspired to collect the total of KRW 15,000,000,000, which is the Defendant A and on-site employees, after preparing the request for the cost of construction in December 2016, and receiving the cost of construction unrefilledd from the victimized company after claiming it from the victimized company.

Defendant

A requested on December 30, 2016 that "O, the management department of N (State) who leased ckes to the above construction site through M (State) who works as the head of the assembly team construction site at the above construction site at the site office located in the Haman-J L site located in the Gyeongjin-gun, Chungcheongnam-do, B, and the O claimed that "the rental fee of equipment for December 2016 shall be additionally collected," and around December 30, 2016, the actual rental fee of equipment shall be paid.

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