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(영문) 울산지방법원 2018.01.12 2017고합353
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 16, 2010 to October 20, 2015, worked for the victim C Co., Ltd as an on-site warden at the construction site.

1. Fraud related to claiming false wages;

A. The Defendant, in the name of wage, was registered as an employee and received a monthly wage, even though he was working as an on-site warden of the earth and sand construction site among the DD expansion works in Jinju-si, and was not working as an on-site warden.

On June 23, 2012, the Defendant re-issueded personal certificates and accounts received from E and received from E on June 2012, and received monthly pay 3,92,080 won from the employee in charge of accounting of the victim who misleads that he/she had been registered as a legitimate employee.

Accordingly, the Defendant, by deceiving a person in charge of accounting of the victim, received a remittance of KRW 3,992,080 from the victim, and received a total of KRW 61,57,680 over 43 times from around that time to June 30, 2015.

B. On June 2015, the Defendant was transferred KRW 4,694,300 as retirement allowances from the damaged party, who was mistaken for E to be a worker, by preparing and sending an application for retirement allowances from the head office at the F Site Office of the Hanan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the headquarters, to the person in charge of retirement allowances at the construction site as described in the above paragraph (a).

2. On June 2013, the Defendant: (a) was working as a site warden at the construction site located in the Hamnam-gun, Hamnam-gun, Hamnam-gun; (b) claimed excessive food for the victim; and (c) had concluded a contract for providing meals at the construction site to the victim; and (d) was willing to receive a return of the excessive claim portion of the food transferred to I from the operator of the “H restaurant” located in the same Gun G.

The Defendant, at the construction site of June 2013, instructed the J of the Public Service Team at the work site of the Defendant to make a demand for the payment of KRW 3,532,100,000 to the GJ and demanded to pay KRW 500,000 to him.

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