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(영문) 춘천지방법원 강릉지원 2016.01.28 2015고정347
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 5,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

D(Representative E) A(Representative E) was awarded a contract to G companies (Representative H) for “F” projects, which were received from both old forest management lawsuits, and the said G companies subcontracted the said projects to the Defendants.

The Defendants were aware of the construction cost by claiming false labor cost to the damaged company.

At the beginning of June 2014, the Defendants submitted a statement of payment of daily work expenses of KRW 10,440,00 in total from the victimized company as if they were engaged in their work at the above construction site located in Gangnam-gu N around May 2014, even though the Defendants did not work at the above construction site around 1, J (the son of Defendant B), K (the son of Defendant B), L (the dong resident of Defendant A), L (the dong resident of Defendant A), and M (the wife of Defendant A) had worked at the above construction site around 2014, and received KRW 17,50,000 in total from the damaged company to the beginning of August 2014 as stated in the list of crimes.

Summary of Evidence

1. Each legal statement of the defendant and witness B;

1. Some statements made against the defendant A in the police interrogation protocol;

1. Application of Acts and subordinate statutes concerning a complaint filed, a statement of payment of daily labor costs;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act (including), and the selection of each fine for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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