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(영문) 춘천지방법원 속초지원 2019.01.09 2018고단189
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for three months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a field manager at the E/F apartment construction site in Yangyang-gun D (hereinafter “instant construction site”) subcontracted by the victim limited liability company (hereinafter “victim company”) from May 11, 2017 to December 15, 2017, who was in charge of overall management, such as supervision of the progress of construction, request and execution of construction cost, management of workers, etc., and Defendant B is the head of the steel team at the instant construction site from June 1, 2017 to December 15, 2017.

1. The Defendants conspired to collect the difference by inserting the actual daily working cost of the workers employed at the construction site of the instant case, thereby preparing a false statement of payment of daily labor cost for the victim company based on this.

Accordingly, at the construction site of this case around June 30, 2017, the Defendants submitted a false statement of payment of daily labor cost to the victim company’s salary manager from June 11, 2017 to June 30, 2017, for the purpose that “the workers who provided labor to the steel industry at the construction site of this case worked as 230,000 won per day because they worked as 2.30,000 won per day.” The Defendants submitted a false statement of payment of daily labor cost to the victim company’s salary manager from June 1, 2017 to June 30, 2017.”

From July 31, 2017 to July 31, 2017, the Defendants conspired to attract the victim company as seen above, and received labor expenses for the six-month portion of the said workers’ unrefiled payment from each worker’s account, and then transferred KRW 3,960,000 to Defendant B’s L account (M) or received KRW 3,960,000,000, in total, from each worker G, H, I, I, J, and K around August 2017.

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