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(영문) 대전지방법원 홍성지원 2020.06.24 2019고단979
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of the working group who has contracted the victim Korea Water Resources Corporation to C and subcontracted to C Co., Ltd. to D Co., Ltd. in the Seocheon-gun B of Chungcheongnam-gun, Chungcheongnam-gun.

around May 2018, the Defendant had the victim’s Republic of Korea Water Resources Corporation claimed false labor costs against the victim’s Republic of Korea Water Resources Corporation, and had him/her claim false labor costs. In fact, even though F had not worked as a daily worker at the site, he/she falsely prepared documents, such as a printed-day bulletin, etc. as if F had worked as a daily worker at the site, and had G, a site manager, enter the said G into the computer system and claim labor costs from the victim’s Korea Water Resources Corporation, thereby deceiving the victim’s Korea Water Resources Corporation and then receiving approximately KRW 1.82,00,000 from the victim’s Korea Water Resources Corporation as FF labor costs around May 28, 2018.

In addition, the Defendant, from May 28, 2018 to August 21, 2018, by deceiving the Korea Water Resources Corporation of Victims more than 14 times in total, as shown in the attached crime list from around May 28, 2018 to August 21, 2018, received approximately KRW 30,430,00 in total as labor cost from the Korea Water Resources Corporation of Victims and acquired it by

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, F, J, K, L, M, and G;

1. Details of transactions in each account;

1. The current status of payments made by each flag requesting labor and a copy of passbook; and

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from persons in charge of water resources construction related to the payment method);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the total amount of damage caused by the accused's fraudulent act reaches about KRW 30 million.

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