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(영문) 광주지방법원 2017.04.28 2016고합439
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From August 1, 2013 to July 31, 2015, the Defendant had a duty to pay the victim E Co., Ltd. to the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) as the site director of civil engineering works among “F Corporation” contracted from the Gwangju Metropolitan City. As such, the Defendant had a duty to adjust the construction cost, service cost, etc. of the construction company and the daily worker, etc., and to claim the amount to be paid to the victim company, etc.

Nevertheless, the Defendant, in the victim company, was entrusted with on-site management, did not check the actual construction work or the details of human resources inputs, and did not check the actual construction work or the actual supervision over the construction site independently, filed a false or excessive claim for construction cost, and when the victim company pays the construction cost, etc. in accordance with the details requested by the Defendant, he received the amount paid in excess from the construction company

Therefore, on August 22, 2013, the Defendant received the same amount as the agricultural bank account (K) in the name of the Defendant’s wifeJ on the 22th day of the following month, where the Defendant requested the victim company to pay the amount of KRW 24,290,000 to H company as if the Defendant completed the construction despite the absence of the fact that the construction was conducted at the site office of the civil works in Seo-gu, Seo-gu, Gwangju.

In addition, from around that time to July 31, 2015, the Defendant filed a false or excessive claim with the victim company for a total of KRW 1,858,779,738 in total over 288 times, as described in the attached Table of Crimes, in the foregoing manner, at the same time from that time, and received a total of KRW 814,049,981 by either transferring the excess amount to the Agricultural Cooperative Account in the name of the J, the Agricultural Cooperative Account in the name of the Defendant, and the Agricultural Cooperative Account in the name of M or receiving cash payment.

Accordingly, the defendant deceivings the victim company as above and belongs to this, 814,049,981 won from the victim company.

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