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(영문) 대전지방법원 2017.11.17 2017고단2359 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while working in the Victim Co., Ltd (State), established for the purpose of dispatching workers (hereinafter referred to as “victim Co., Ltd.”), performed duties, such as hiring of contract employees, management of good attendance, calculation and payment of wages and retirement allowances, customer company management, claim for contract cost, etc.

1. On April 2014, the criminal defendant related to the dispatch of limited guardian workers filed a claim for wages such as D, etc. with the victim company as if he/she worked as an actual worker even though D, E, F, and G did not work as a worker, and when the victim company paid D, etc. wages, it received the money by receiving the money from D, etc. to the new bank account in the name of the defendant.

On April 15, 2014, the Defendant requested the victim company to pay D wages of KRW 2,155,00 on the same day, and the victim company remitted KRW 2,155,00 to D on the same day. On April 20, 2014, the Defendant returned KRW 2,155,000 from D to a new bank account in the name of the Defendant.

In addition, from around that time to November 16, 2016, the Defendant received the total sum of KRW 89,513,207 from D, E, F, and G to the victim company as shown in the attached list of crimes (1) in attached Table (1) from around that time, and acquired it through a new bank account in the name of the Defendant.

2. (State) On November 2014, the Defendant committed fraud related to Gazas and (State) case-M in order to obtain money by means of receiving part of the money from the new bank account in the name of the Defendant, by claiming that (State) Gazas, a subcontractor company related to the dispatch of workers of the victim company claim the cost of the contract to the victim company, and the victim company would pay the cost of the contract to the (state) Gazas and return it to the new bank account in the name of the Defendant.

On November 2014, the Defendant requested the victim company to pay expenses to the victim company (a week) for the contract of a ionna license. The victim company is the victim company.

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