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(영문) 대구지방법원 2019.06.13 2018고단5016
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant Co., Ltd. (hereinafter “victim”) contracted the construction of reinforced concrete among the above accommodation facilities construction with D Co., Ltd., and the victimized Co., Ltd. (hereinafter “victim Co., Ltd.”) contracted the said accommodation facilities construction from D to Nov. 2, 2017 (hereinafter “damage Co., Ltd.”) with a contract from D for the construction of reinforced concrete at the site of Moel Construction in Gangwon-si, Gangwon-do, a party who carried out the construction from Jul. 28,

The defendant prepared a statement of his labor cost payment and submitted it to the person in charge of the victimized company, and the fact that the victimized company, as stated in the statement, remitted labor cost to the personal account of the victimized company, was not made by E, etc., but was written in the statement as if the work was done on the spot, and did not receive labor cost from the victimized company.

On September 15, 2017, the Defendant submitted a statement of labor cost payment stating the name of E, etc., which was not work at the scene to F, an employee of the victimized Company, and it received from the victimized Company the total of KRW 18,77,480, including KRW 3,718,870 in the name of labor cost of G, etc., and received KRW 18,77,480 in the name of labor cost of five false labor cost of five members. From that time to December 6, 2017, the Defendant acquired KRW 37,792,950 in total on six occasions in the same manner as the list of crimes in attached Form from that time.

Summary of Evidence

1. Legal statement of witness F;

1. An interrogation protocol of the accused by the prosecution (including the F statement section);

1. Statement F in the second police interrogation protocol against the accused;

1. The police statement concerning F;

1. While the Defendant denies a crime, the instant facts charged can be acknowledged in full view of the following facts, considering the evidence duly adopted and examined by this court:

(1) The Defendant, who did not provide labor, made documents as if he provided labor to the victimized company, thereby actively deceiving the Defendant.

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