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(영문) 대구지방법원 경주지원 2013.08.12 2012고단1390
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From December 2, 2008 to July 201, 201, the Defendant served as the Deputy Director of the Victim F Co., Ltd. or the Director of the On-the-spot E Corporation at the scene of the E Corporation located in Si/Gu, and was engaged in the total management of the on-the-spot construction work, labor cost, material cost, incidental expenses, etc.,

While engaging in the above duties, the Defendant, at the request of the Defendant, who is the field director, used the fact that he is directly remitted from the headquarters to the personal account of the employee, and applied labor to the victim as if the above person provided labor, and attempted to receive the labor cost from the victim to the account in the name of the above person managed by the Defendant.

On December 18, 2008, the Defendant filed a claim for 562,620 won ("652,620 won" as stated in the facts charged shall be deemed as 562,620 won) under the pretext of labor cost for G, by preparing documents as if G actually provided labor to the head office F, a victim, the Defendant, at the above construction site.

However, in fact G did not have worked at the site of the above construction at the time of the temporary border.

Nevertheless, the Defendant, by deceiving the victim as above, received the remittance of KRW 562,620 (the “652,620,” written in the facts of prosecution, is deemed to be a clerical error in the “562,620 won”) from the account in the name of G managed by the Defendant under the name of labor expense for G, and consumed it by transferring it to the Defendant’s personal account.

The Defendant, from around that time to May 24, 201, by deceiving the victim as shown in the attached list of crimes, and acquired the total amount of KRW 196,889,437 from the victim to the account in the name of the person recorded in the “ virtual worker” in the attached list of crimes that the Defendant manages as labor cost, and acquired it by deceiving the victim through the account in the name of the person recorded in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions for H.

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