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(영문) 청주지방법원 2017.03.15 2017고정36
사기
Text

Defendant shall be punished by a fine of three million won.

10,000 won shall be one day after the defendant does not pay a fine.

Reasons

Punishment of the crime

The defendant shall supply human resources to the construction site and conduct on-site work.

On March 2014, the Defendant called the victim D, who operates C Human Resources Office, and called, “The Defendant wanted to supply human resources to the scene to work at the site of the completion and construction of a private person for the construction of the subcontracted construction work for the Military Manpower Administration (U.S.) in the Y., the Defendant concluded a contract with the purport that “When the method of human resources supply exceeds 20 persons a day and the Defendant comes to the site, wages for 7-9 persons out of the site shall be paid in advance by the damaged person to the Defendant, and then shall have the damaged person receive money directly from the construction (the State).”

After that, the defendant shall prepare a false work confirmation document stating that he/she did not actually work for the victim and send it to the victim.

from April 16, 2014

5. A total of KRW 30,150,000 was received from the injured party until December 25.

However, the amount paid to the victim as wages from the completion construction (ju) was the total of 6,733,670 won.

Accordingly, the defendant, by drawing up a false written confirmation of work, deceiving the victim by sending it to the victim, and acquired 23,416,30 won of the difference corresponding to the number of persons who have falsely prepared from the victim.

Summary of Evidence

Application of Acts and subordinate statutes to delegate personnel expenses and work certificates to the defendant's legal statement G, the police interrogation protocol for H, the police interrogation protocol, and the statement of entrance and exit transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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