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(영문) 서울중앙지방법원 2015.01.16 2014고합1171
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for two years, Defendant B’s imprisonment for one year, and Defendant C for a fine of KRW 7,00,000, respectively.

Defendant .

Reasons

Punishment of the crime

1. Defendant A, as the site manager of L Co., Ltd. (hereinafter referred to as “L”) located in K (hereinafter referred to as “M”) from September 2, 2010 to August 18, 2013, the Defendant is a person who comprehensively takes charge of overall tasks on the construction site after approving the statement of flag, work log, etc. as the site manager of L Co., Ltd. (hereinafter referred to as “L”).

On April 28, 2009, N entered into a contract with the Korea Highway Corporation for the above MM works, and L entered into a subcontract with the above N on January 28, 2010 for the blasting, excavation, and construction of the above M O three sections and P works.

On Nov. 1, 2010, the Defendant filed a claim for the payment for the completed portion on the part of the Korea Highway Corporation via the above N, even though the Defendant completed the construction on the tunnel wall and completed the construction on the tunnel reinforced materials, and completed the construction on the tunnel, which was less than the design quantity, as if it completed 2,533 low V according to the design quantity according to the design plan, at around that time, the Defendant filed a claim for the payment for the completed portion on the mV construction with the Korea Highway Corporation.

However, the facts do not construct only 500 snV, unlike the design quantity, and do not arbitrarily construct the remaining 2,03 snV.

Around December 15, 2010, the Defendant had N or L receive KRW 103,214,839 as progress payment for the construction of sub-V from the Korea Highway Corporation.

In addition, from November 25, 2010 to February 21, 2013, the Defendant filed a claim for progress payment with the Korea Highway Corporation through the said N through the said N, as shown in the list of crimes (2) as seen above, for a total of 14 times from around November 25, 2010 to around February 21, 2013, for a total of 42,298 LV, which was the initially designed quantity. However, the Defendant failed to construct only 29,976 LV and to arbitrarily execute the remainder 14,322 LV, which was not executed by the victim, and the Defendant received KRW 72,438,355 in total, under the pretext of progress payment for 14,322 L, which was not executed by the victim.

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