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(영문) 서울북부지방법원 2018.06.15 2017고단2125
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 2013, the Defendant served as the managing director of the Victim B Company from around April 2016, and served as the captain of the machinery and equipment construction site of the “D” in the original city in which the said company is being constructed from April 2016.

On July 11, 2016, the Defendant applied for the “work expense” of the on-site workers to E, the representative director of the victim company, at the above office at the scene of machinery and equipment construction works, for the victim company, and submitted e-mail a false “statement of work expense payment” with respect to G, as F lent the name of G to the victim company.

However, in fact, unlike the Defendant reported in advance to E, F did not have any drawing work by lending the name of G, and as the Defendant was not a field employee, the Defendant could not receive labor cost from the victim company in addition to monthly pay.

As such, the Defendant, by deceiving the victim company, received the remittance of KRW 782,920,00 from G to H deposit account in the name of H in June 2016, which was kept and used by the Defendant on the same day from the victim company, and received the remittance of KRW 1,613,644,00 in total five times from that time until November 15, 2016, including the transfer of KRW 1,613,00,000 from that time to November 15, 2016.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Entry of part of the witness E in the second public trial protocol;

1. To state some of the witness I's statements in the fifth public trial protocol;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each investigation report (J, F telephone communications, G telephone communications);

1. Details of the payment of labor costs, requests for labor costs for construction workers, reports on construction works, and certificates of confirmation of the results of transfer;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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