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(영문) 인천지방법원 2017.03.09 2017고단522
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Presumption of Facts] From February 2016, the Defendant subcontracted the construction of K Apartment at the construction site of K apartment in Gangwon-do to the construction site of K apartment, and served as the head of the other construction site by re-subcontracting the construction work from M Co., Ltd.

[Criminal facts]

1. On April 5, 2016, the Defendant: (a) contacted the Victim N, a Executive Director, M Co., Ltd., with the Defendant on Franchising around Franchis, and (b) obtained the Defendant’s consent to receive daily allowances for daily workers’O, P, Q, and R related to the said construction from the account designated by the Defendant; (c) send daily allowances to S account.

D. The phrase “ .....” was false.

However, in fact, the defendant did not obtain consent to the daily wage from the daily worker who was designated by the defendant, and even if he received money under the name of the daily wage from the worker, the defendant thought that he would use it as personal debt repayment, etc., so there was no intention or ability to reduce the daily wage to the worker.

Around April 8, 2016, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 4 million to the account in the name of S designated by the Defendant to four employees, such as a daily worker'sO, from the victim; (c) around April 8, 2016.

2. On April 2016, the Defendant presented a paper paper stating only personal information to four persons, such as O, P, Q, and R, from the construction site of K Apartment at the original city at the original city, and, on the other hand, consented that if the Defendant signed the document “to receive daily wage, he/she shall cause his/her signature to be signed,” he/she received his/her signature to deposit wages into each account of the workers of the main city, and then received his/her signature at his/her own discretion on the same paper that he/she received only for the purpose of uttering and received from the SC account at his/her own discretion.

“.....”

As a result, the Defendant forged a letter of delegation of wage payment, which is a private document on rights and obligations, and made N, an executive director, a M&A, the executive director, who is aware of the forgery, make the payment of wages to workers as the above designated account.

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