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(영문) 광주지방법원 2015.09.02 2015고단2244
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

From March 2008 to October 201, the Defendant worked for the victim large social gathering construction company of the victim chain in the construction industry, and supervised the construction site as the site manager of the bridge construction site in Gwangju North-gu B B, Gwangju, and took charge of the management of employees and labor cost settlement.

The Defendant, as if those who did not have worked at the above site had provided daily labor, submitted a claim document for labor cost, had the victim pay money in the name of labor cost to the third party, and had the third party receive money deposited in the name of labor cost from the account holder. On November 20, 2008, the Defendant, at the above construction site around November 20, 2008, prepared a false statement of claim for labor cost that “daily C had worked for 14 days between October 1, 2008 and October 28, 2008, and submitted it to the victim’s non-indicted in charge, submitted it to the victim’s name to submit it to the victim’s account in the name of C, received it by receiving the above money from the above C, received it by means of receiving it, and received it from the above C in the same way as wages in the same manner as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police suspect interrogation protocol against D, C, E, or F;

1. Application of the Acts and subordinate statutes governing the statement statement made by the police officer G;

1. Reasons for sentencing under Article 347 (1) of the Criminal Act, comprehensively including relevant provisions on the facts of crime and the choice of punishment;

1. The scope of the sentencing guidelines for sentencing [decision of type] the general fraud [decision of the recommended area] the basic area of category 1 (less than KRW 100,000] [decision of the recommended area] [the scope of recommendations] 6 months to 1 year and 6 months [general person] - None of the criminal records of mitigation factors - the use of personal trust relationship for aggravated factors

2.The addition of suspended sentence - The major reasons for the commitment are not negative.

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