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(영문) 대전지방법원 천안지원 2020.06.08 2019고단2800
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 was employed by the manager of the victim dispute resolution council D, who is a beneficiary, as an employee, in connection with the new construction of the C Child Care Center on the land outside Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, and was in charge of the field management, etc. from mid- November 2012 to mid- January 2013.

On September 2013, the Defendant, at the time of the new construction of C Child Care Center, received a claim from the subcontractor company that did not receive the construction cost from the victim company, and around September 2013, the Defendant: (a) demanded the above E to prepare a fake construction contract form in order to file a complaint with the subcontractor company that did not receive the new construction cost of C Child Care Center; and (b) around that time, the Defendant was drafted a false statement that “A was awarded a contract with the victim for the new construction of B Child Care Center in the inanan-si City by the Dispute Resolution Co., Ltd.” under the name of the victim company.

The Defendant, as a result of this, submitted to the court a false “contract for Construction Work” which was made in the absence of a claim for the payment of construction cost from the victim company to obtain money from the victim D for the purpose of construction cost payment.

On June 2016, the Defendant applied for provisional attachment (2016Kadan1085) against the right to claim payment of deposit funds held by the victim company at the Daejeon District Court's Support, and executed provisional attachment on June 2016 upon the court's decision, and around August 11, 2016, the Defendant applied for a payment order to the Daejeon District Court's Incheon District Court's Support that "the payment of construction cost amount of KRW 46,453,919, which was not paid to the suspect who is the Plaintiff" to the effect that "the payment of construction cost of KRW 46,453,919, which was not paid to the Plaintiff" was confirmed by service by public notice (No. 2016Ga15842) on February 25, 2017. On September 20, 2017, the Defendant transferred the right to claim payment of deposit funds to the Daejeon District Court's Support and the collection order (No. 2017 Ta62455) to the provisional attachment.

In this respect.

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