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(영문) 수원지방법원 2016.01.29 2015고단3043
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant tried to enter a person who does not actually work in the specification of daily labor cost payment, while working as a field manager at the construction site conducted by C as the damaged person, or to enter the number of days the actual worker worked, and to defraud the additional wage paid from the damaged person.

1. On November 201, 2013, the Defendant obtained KRW 5,100,00 from the injured party for the payment of labor costs as shown in the attached Table 1 re-issuance of the crime list, and acquired them by deception, by means of the following: (a) at the construction site of the E-style new E-style house located in Ansan-gu, Ansan-si; and (b) as if the working person who did not actually work on the specification of payment of daily labor costs had worked, the Defendant obtained from

2. From November 2013 to January 2014, the Defendant acquired KRW 19,700,000 from the injured party under the name of payment of labor costs, as shown in the attached Table 2, from G new construction site located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and from a person who does not actually work in the specification of daily labor costs, the Defendant received KRW 19,70,000 from the injured party under the name of payment of labor costs as shown in the attached Table 2.

3. On June 2012, from around February 2012 to February 2014, the Defendant entered falsely as if the wife of the Defendant, who did not actually work on the daily labor expense statement, was employed, and acquired KRW 42,010,000 from the injured party under the name of labor expense as shown in the attached Table 3.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by the police to J;

1. The Defendant asserts that the Defendant’s assertion on output daily, specification of payment of daily labor costs, and work daily wage payment is false, or that the Defendant falsely enters a person who does not work in the specification of payment of daily labor costs, or received additional wages from the victimized Company by unfolding the actual number of working days and appropriated them for construction costs. However, the Defendant asserts that this would be in accordance with an agreement with the victimized Company.

(b).

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