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(영문) 의정부지방법원 2018.04.19 2018고정451
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 1, 2008, the Defendant is a worker in the department of the Manpower Office Co., Ltd., operated by the victim B from around April 1, 2008. From December 1, 2016 to April 26, 2017, the Defendant was working at the building site in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with a written confirmation of a contract for work, and received daily wages from the injured party for each working day at the construction site.

Using the fact that the Defendant paid wages only by submitting the above-mentioned confirmation document because it is difficult to directly verify whether the victimized person was working on the actual site, the Defendant attempted to receive the wages by preparing and submitting a false written confirmation of the labor contract for daily use even though the Defendant did not work on the above-site from May 2, 2017.

Accordingly, around May 3, 2017, the Defendant submitted a false certificate of work contract at the above human resource office of the victimized person, and completed the contract from May 2, 2017 to May 3, 2017, and received 234,000 won of daily wage from the victimized person for two days as if he/she did work at the above construction site.

In addition, from that time to June 4, 2017, the Defendant acquired total of KRW 4,014,000 through 19 times as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a written confirmation of a contract for work, a wage receipt, and a specification of claim for daily labor costs;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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