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(영문) 광주지방법원 순천지원 2013.04.12 2013고단308
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from March 20, 2012 to December 27, 2012, served as the director of the construction site of the victim E (owner) who subcontracted civil engineering and reinforced concrete parts as a subcontractor from D who ordered the Ulsan Nam-gu C Extension Corporation from around March 20, 2012, and was in charge of the duties such as the selection of construction company and the progress of construction works, the assumption of construction contents, and the execution of construction cost.

1. The Defendant, even though he did not have performed a work with a heavy equipment at the construction site, has filed a false claim for the cost of heavy equipment and acquired the amount paid from the victim E (owner) as if he did not perform a work, and had the intent to obtain the difference by excessively claiming the cost of materials and oil to the victim.

On April 2012, the Defendant, through deception of heavy equipment rental fee, instructed F, who worked as the field staff of the victim E at the above C extended construction site E, to “f, as if he would take work day and work for equipment not input in the actual site, to claim the cost of equipment at the head office,” and F, as if he was put into the site of H and I dump truck two of “G” affiliated with “G”, which did not have been put into the site, as if he was put into the site, he would prepare a work log and claim for the rent of heavy equipment rental fee to a staff in charge of accounting, who may not know the name of the victim E (owner), and then, the above accounting staff charged the above dump truck rental fee to G, and received and returned it from the staff in charge of G accounting at around May 1 through 6, 2012 (H: 18,11,250, 250, 408, 704).

Accordingly, the defendant, in collusion with F, deceiving the victim E(state) and acquired the property from the victim E(state).

B. On May 2012, the defrauded of the material price, when the K of the “J” of the company installing and installing the visual file files claims the material cost at the above place, the Defendant ordered the above site staff F to instruct the said site staff F to do so, thereby exceeding 110 million won.

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