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(영문) 대구지방법원 포항지원 2018.07.19 2018고단91
사기
Text

Imprisonment with prison labor for each of the crimes listed in the table 1 to 53 of the crimes committed against the Defendant, and the same list of crimes.

Reasons

Punishment of the crime

[criminal history] On February 7, 2017, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of violating the Road Traffic Act (drinking driving) at the port support of the Daegu District Court on February 7, 2017 and the judgment became final and conclusive on February 15, 2017.

[ criminal facts] The defendant was a person who has served as a director in the contract-related field in the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., the Dispute Resolution E, and the F.

Although the Defendant filed a claim against the victimized company for the actual wage for workers such as “construction of steel plant facilities” from the victimized company, the Defendant prepared a wage ledger, a statement of payment of labor expenses, etc., which is less than the actual wage, as the insurance premiums, repair expenses, etc. of the vehicle used by himself/herself did not be paid to the site warden at the construction site, and tried to obtain the difference by submitting it to the victimized company.

On April 16, 2012, the Defendant: (a) on March 2012, 2012, the Defendant filed a claim for wages with the Co., Ltd. in the victim-affiliated bank, by preparing a labor cost payment statement as if the amount of wages was 4,189,510, even though the amount of wages of March 2, 2012, was 2,80,000 won.

The Defendant, as above, by deceiving the damaged company, received KRW 4,189,510 from the victimized company to the bank account (H) of G in the name of G on the same day from the victimized company, and wired KRW 2,80,000 to G with only KRW 1,380,750, which is the difference, by deceiving him/her, from July 28, 2017, he/she acquired KRW 105,321,440 in total on 67 occasions, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecution by the prosecution against I and J;

1. Statement of the police statement related to G;

1. Details of transactions in the accounts of the Agricultural Cooperative that is a complainant, details of transactions in the accounts of the Korean bank that is the complainant, contracts on work, specifications of payment of labor costs, contracts on outsourcing work, and labor costs;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal investigations (verification of the final judgment of a suspect);

1. Article 347(1) of the Criminal Act relating to the facts constituting the crime (each of them);

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