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(영문) 광주지방법원 2017.06.22 2017고단45
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant will complete the construction work at 93% of the original subcontract price if the Defendant is awarded a sub-subcontract to the victim C (hereinafter referred to as “victim C”) under a subcontract for construction work with the victim’s company after lending the Defendant’s construction technology qualification certificate to the victim Company C (hereinafter referred to as “victim”) and performing the construction work with the re-subcontracted construction work with the victim Company D around October 4, 2013.

“Along with the term “public works, etc.”, re-subcontracted civil works, etc.

The Defendant claimed excessive construction cost, etc. to the victim company by using the fact that the victim company did not check the actual construction work or the input details of human resources, etc., and when paying construction cost, etc. according to the details requested by the Defendant by the victim company that believed the truth, the Defendant received the excess amount from the Defendant’s account and received it from the Defendant’s account and received it

On December 13, 2013, the Defendant, by deceiving the victim company by claiming excessive amount of KRW 1.6 million out of the personnel expenses of H, who is a worker, and caused the victim to pay labor expenses of KRW 1.6 million to H, and then received the same amount from H to the account in the name of the Defendant Gwangju Bank (I) in the name of the Defendant, as indicated in the attached crime list from December 13, 2013 to May 23, 2015, the Defendant claimed an excessive amount of KRW 146,946,206 in the victim company over 60 times, and then the victim company paid an excessive amount of KRW 1.66,946,206 in proportion to the same amount to the labor expenses of H, who is a worker, equipment, and rental business operator, and acquired a total amount of KRW 146,946,206 from the victim company and the equipment rental business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Legal statement of F;

1. Each prosecutor's statement made to J and F by the prosecution;

1. The complainant’s agent;

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