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(영문) 부산지방법원 2017.05.26 2017고합139
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Status and Relationship of Defendant and Related Persons] The KJ Co., Ltd. is the executor of the Nam-gu Busan Metropolitan City K and three lots of “L New Construction Project,” and the K Co., Ltd. was awarded a subcontract for D-dong reinforced concrete construction from around February 2015 to the K J Co., Ltd.

The defendant is an employee belonging to the management company, and among the construction works, he/she is in charge of the overall management and supervision of the construction site as the site manager at the construction site of D-dong concrete construction site.

N was subcontracted with the iron bars in the form of "freshion" in March 2015, as a person who supplies the steel bars at the construction site at the above construction site, but he/she was registered as the employee of the KM in the form of the KM and carried out the steel bars as the team leader at the site.

O A person who supplies trees at the above construction site and subcontracted the mold work from the KOM in the manner of "freshion of goods" in around May 2015, but the KO registered the number of trees he/she and himself/herself with the KOM as an employee of the KOM and continued the mold work as the head of the field team.

[Criminal facts]

1. Single crime committed by the defendant;

A. On April 2015, the Defendant received KRW 2,00,000 from N in the temporary container office of the Busan Southern-gu P in Busan-gu, and received KRW 33,00,000 from N in the construction team leader of the construction team near the said steel industry in return for a solicitation to demand payment of the subcontract price for the steel-line construction work more than that of the person actually invested, and received KRW 2,00,000 in return. From that time to January 2017, the Defendant received KRW 33,00,000 from that time under the same name as in the attached Table 1.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

B. On July 2015, the Defendant, at the temporary container office in Busan-gu P around Busan-gu, requested to pay the subcontract price for the mold work by the team leader of the above mold work team, more than the personal wage actually invested, at the temporary container office in the above construction site.

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