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(영문) 광주지방법원 2020.07.23 2020고단1601
사기
Text

A defendant shall be punished by imprisonment for six 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

On November 22, 2017, the Defendant is a person who was employed by the victimized Company B, and served as the head of the site office of the Suwon-gu, Suwon-si and two lots of urban residential housing construction works, from that time to February 2, 2018.

1. On December 2017, the Defendant made a false statement with regard to the purchase cost of steel products at the construction site at the end of the construction site, stating that “The purchase cost of steel products, such as steel products used at the construction site at the orchard, shall be settled with D companies where the purchase cost is charged.”

However, the amount of KRW 4,217,400 out of the amount of goods claimed by the Defendant was included in the cost of materials used individually at another construction site separate from the damaged company.

Around December 30, 2017, the Defendant, by deceiving the said staff-in-charge, had the damaged company transfer KRW 4,950,000 to D Company.

Accordingly, the defendant deceivings the damaged company, thereby deceiving 4,217,400 won.

2. On February 2, 2018, the Defendant made a false statement that “the payment of the wage of a person working at the construction site of an orchard” was made by claiming the personnel in charge of accounting of the victimized company to pay the labor cost at the early construction site.

However, in the case of the daily labor cost for E requested by the defendant, E did not have provided labor to the defendant's children at the above construction site.

Around February 14, 2018, the Defendant, by deceiving the above-mentioned staff-in-charge, had the damaged company remit 3,078,460 won to the account under the name of E designated by the Defendant.

Accordingly, the defendant deceivings the damaged company, thereby deceiving 3,078,460 won.

3. On December 2017, the defraudeds related to the lease deposit, claiming for the expenses of the lease deposit against the accommodation that the Defendant would return to a staff member in charge of accounting of the victimized company for the management of the said construction site, at the construction site. The Defendant is five million won of the lease deposit.

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