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(영문) 수원지방법원 2017.07.14 2016고단7487
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

A victim E corporation is a corporation for the purpose of electrical equipment, manufacture, sale, operation, etc. in Gangnam-gu Seoul Metropolitan Government, and the defendant, from around 1994 to April 2015, was a construction site directly operated by the victim E corporation, under a subcontract for the management, supervision, or part of the construction site from the victim corporation, and traded with the victim company in a way that the victim company directly pays wages to daily workers employed by the defendant.

On August 201, the Defendant, in fact, manipulatedd a person who does not work at the construction site of the victim company to get to and from work as having worked at the construction site by entering false matters in the book of commuting, and had the victim company receive wages from false workers by lending the bank account of the nominal owner stated in the false worker, thereby having the victim company take money by deceiving the victim company, such as wages of false workers.

around August 201, the Defendant received a subcontract for part of the construction work from the victim company’s site office at the Seo-gu, Seo-gu, Incheon Metropolitan City at the construction site of Goyang-gu, Gyeonggi-do. Around August 201, the Defendant requested another person to have worked as a worker at the construction site of the above construction site to take photographs of the face as if he were the above H, and received payment of KRW 1,350,190 from the bank account under the above H on September 9, 201, by claiming for the amount of money for personnel expenses and food expenses in August 2011 from September 9, 201.

However, in fact, the Defendant did not have worked as a daily employee at the site of G Apartment Construction around August 201. However, as if the above H had worked as a daily employee at the above construction site, the Defendant entered false details into the workplace as if he had worked as a daily employee at the above construction site. The bank account for which H’s personnel expenses were paid was used by the Defendant.

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