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(영문) 서울중앙지방법원 2020.02.05 2018고단5827
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From January 27, 2016 to August 2017, the Defendant was an outside director of the Victim B Co., Ltd. (mutual change to Co., Ltd. on August 11, 2017; hereinafter “victim”) and is a person who is engaged in overall management of the entire construction site of construction works ordered by the Defendant for his/her business.

1. On June 17, 2016, the fraud Defendant, through deception of false design service cost, made a false statement that he would pay KRW 77 million to the representative director of the victimized company in relation to the E dormitory construction work in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City D, that the change of design is necessary in relation to E dormitory construction work, and that he requested G Co., Ltd. to provide design change service.

However, in fact, the defendant did not request the change of design in relation to the above E dormitory construction work, and if the damaged company deposited KRW 77 million to G Co., Ltd., it was thought that it would be used as the acquisition price for another construction company (H Co., Ltd.) by the defendant.

On July 17, 2016, the Defendant acquired 77 million won from the damaged company to the account under the name of G Co., Ltd. by transfer.

2. On October 17, 2016, the accused, through deceptionation of false wages, claimed 3,911,630 won as wages for workers I to the victimized company in connection with the E dormitory construction in Nowon-gu, Seoul Special Metropolitan City.

However, there was no fact that I had worked at the above construction site, and the defendant claimed false wages to the damaged company and used it for personal expenses necessary for the defendant.

On the same day, the Defendant received 3,911,630 won from the Defendant’s child J account (K) from the Defendant to transfer 3,91,630 won as wages for false workers in the name of the Defendant’s child J on the same day and acquired 48,15,650 won in total by 15 times until April 11, 2017, such as the list of crimes in the attached Form.

3. The Defendant in occupational breach of trust.

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