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(영문) 서울중앙지방법원 2015.01.22 2014고합1064
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment of two years, Defendant B’s imprisonment of ten months, Defendant C’s fine of 5,00,000, and Defendant D and E respectively.

Reasons

Punishment of the crime

1. From September 2009 to November 30, 2010, Defendant A entered into a contract with the Korea Highway Corporation for the above Q5 Section (hereinafter referred to as “R”) on January 22, 2009 with the victim P Co., Ltd. (hereinafter referred to as “P”) of Gangnam-gu Seoul Metropolitan Government P Co., Ltd. (hereinafter referred to as “P”), which is a site manager of the motorway Q Q Q Q Q construction work (hereinafter referred to as “P 5 Section”). As the site manager of the National Expressways Q Q Q Q construction work, he/she approved the specifications, work log, etc., and took overall charge of the construction site, and the R Co., Ltd. (hereinafter referred to as “R”) (hereinafter referred to as the “P”) entered into a subcontract with R on August 25, 2009 for the blasting, excavation, construction of a tunnel, etc.

The Defendant is one of the reinforced materials for the ground of the tunnel excavation, which is used by inserting the tunnel base in the course of construction of a sV tunnel or base-off theft, etc., used as reinforced materials of the tunnel while constructing Q 5 sections, such as the head of the PP team S and T, or the head of the construction team. The Defendant is a material to prevent the collapse of the tunnel base by inserting it into the tunnel base in the course of the tunnel excavation.

Using the fact that it is difficult to manage and supervise on-site supervision, etc. of the Korea Highway Corporation, the victim Korea Highway Corporation has constructed a low mV less than the design quantity and has executed the whole mV according to the design quantity, and has attempted to obtain money by falsely claiming progress payment to the Korea Highway Corporation through R to obtain money.

The Defendant, along with the persons related to the foregoing S and T, installed the Q5 Section Office of P in Yangyang-gun V in Gangwon-do around February 2010, and even if he completed the construction at the 5 construction site office of P in Yangyang-gun V in comparison with the design quantity, he completed the construction at a low 1,496 mV according to the design plan.

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