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(영문) 광주지방법원 순천지원 2018.02.23 2018고단18
사기등
Text

Defendant

A Imprisonment with prison labor for a year and three months, for a year of imprisonment for a defendant B, and for a year and three months of imprisonment for a defendant C, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who works as the director of the safety division in charge of the affairs such as safety and wages, electric paints, order of materials, etc. at the net construction site (hereinafter referred to as “N”) in the middle-sea M.

Defendant

B is a person who works as a safety agent in charge of safety and wages, electric paints, materials orders, etc. at the net construction site of Heungcheon Construction (hereinafter referred to as "P") at the SP site.

Defendant

C From November 201 to April 201, 2014, at Q Q construction site (hereinafter “R”) the head of the quality office in charge of the quality check, inspection, quality test, etc. of construction materials in the middle-city Q construction site (hereinafter “R”), and the person who works as the head of the quality office at the O and M site from January 201 to April 201.

1. Defendant A

A. Fraud 1) The Defendant related to the supply price of ready-mixeds using the public invoice, together with the persons related to ready-mixed companies, such as S, T, U, and V, conspired to submit a false ready-mixed delivery note, a false one “public invoice” (hereinafter “public invoice”) to the interested parties, and to obtain the price from the injured party, who falls under the public invoice.

According to the above conspiracy, the defendant designated the time and time of delivery of false ready-mixeds necessary for the public invoice and demanded the above S, U, and V to submit it to the victim, and the above S, U, and V decided to take charge of the role of submitting it to the victim upon the defendant's request; the above S, U, and V, upon the defendant's request, have prepared and delivered a public invoice to the defendant; and when the price of ready-mixeds corresponding to the public invoice is deposited from the injured party, the defendant will pay it to the defendant; and the above T will take charge of the defendant's approval of the disbursement resolution that the price of the public invoice and ready-mixed prepared by S will be reported to the defendant.

On April 2, 2016, the Defendant requested S to issue a public invoice equivalent to KRW 3,00,000,000 which was not actually supplied to N, and then requested S to issue a public invoice of KRW 60,000,000 which was not actually supplied to N. This is based on the Defendant’s issuance of Chapter 10,00,000, which was approved by T.

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