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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From March 2017 to April 2, 2017, the Defendant is a person who works as a site manager at the D Construction Site in Pyeongtaek-gun C (hereinafter referred to as “instant Construction Site”) in which the victim Dispute Resolution Co., Ltd. is in progress.
1. Fraud;
A. On April 2017, the Defendant filed a claim for false labor costs with E, the representative director of the victim company, claiming labor costs for the portion of March 2017 of the on-site workers, and the F prepared and submitted a statement of payment of daily labor costs, stating that he/she had worked at the Dwork site in the Gangwon-gun D Work site from March 1, 2017 to March 31, 2017.
However, in fact, F did not have worked at the above construction site, and the Defendant, as above, stated the completion of the work at the actual site as if he actually worked and received the labor cost, and then considered to be used as the expense or cost of another construction site.
The Defendant, by deceiving E as above, had the victim company pay F with labor cost of KRW 2,520,000 for March 2017, and thereafter, had F returned this amount from F, and had F acquire the financial benefits equivalent to KRW 26,028,190 in total nine times from May 2017, as shown in attached Table 1.
B. On March 29, 2017, the Defendant paid KRW 2,00,000 to the Plaintiff, a trader, at its own expense. However, the Defendant did not have paid the price of KRW 2,00,000,000 to the Plaintiff. However, even if he received the said money, the Defendant was thought to have used it individually. The Defendant was issued KRW 2,00,000 by deceiving the victim as above and received KRW 2,00,000 from the Plaintiff. (2) Around March 31, 2017, the Defendant submitted a statement of “transaction statement” stating that the materials for the removal of green products were supplied at 15 copies.