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(영문) 부산지방법원 2015.05.15 2014고단9229
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant received construction cost after deducting 6% of the total construction cost from 6% as a result of the construction work performed by the victim D Co., Ltd., the victim D Co., Ltd., the second floor Ctel 202, Bupyeong-gu, Incheon. In order to avoid the provision prohibiting subcontracting under construction business-related Acts, the Defendant decided to perform construction work, which is disadvantageous to the above company’s one-time installment director or one-time executive director, and the Defendant submitted related data to the victim company and directly treated them, and the victim company was responsible for the amount in excess of the agreed amount.

The Defendant, without any separate confirmation, took advantage of the fact that the Defendant’s family members worked at the construction site at the site of eight construction sites in the above contents, and the emergency personnel expenses, etc. were paid to the victim company at the site of eight construction sites, thereby receiving relevant documents and using them as personnel expenses.

On December 20, 2012, the Defendant submitted the daily wage claim register at the office of the victim D Co., Ltd. (hereinafter referred to as the "victim D Co., Ltd.") as if E had worked as a worker for day-time work, and claimed wages at the above victim D Co., Ltd.'s office.

However, in fact, the defendant knew the personal information, such as resident registration number, and the account number, etc., and requested them to enter E at will as if he were a daily worker, and the defendant did not have worked as a daily worker at the site of the victim company Kim Jong-si construction work, etc.

Nevertheless, the Defendant deceiving the victim company as above and transferred KRW 540,00 from the victim company to the new bank account under the above E at that time, as well as from January 19, 2012 to February 25, 2014 by the above method, E, the Defendant’s Dong book, as shown in the list of crimes in the attached Form E.

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