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(영문) 의정부지방법원 2016.07.01 2016고단899
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a period of eight months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the Defendant’s ready-mixed concrete (Ready-mixed Concom, hereinafter “Reconcom”).

From 2007 to 201, J, a production company, worked as the head of the management department and factory of the above company, from around 2014, and as the head of the general headquarters, has been actually managing the entire business of the above company, such as production, business, finance, general affairs, employees management, and government-funded ready-mixed.

The J Co., Ltd. is a company belonging to the K Recon Industry Cooperatives, and when it is allocated a certain amount of money through the Public Procurement Service and the above Association with respect to government-funded ready-mixeds invested in construction works ordered by public offices such as local governments, it has received a request from the contractor and issued a supply certificate to the contractor to deliver the same amount of money and deliver it to the contractor, and if it confirms the supply through the contractor, it has received the payment from the contractor through the Public Procurement Service and the above Association.

However, if the construction company fails to use the government-funded ready-mixed as the quantity of the design drawing during the construction period, it shall undergo a procedure to modify the design and construction process with the ordering office for the remaining part, but if the process is repeated and the total construction cost is reduced accordingly, if the defendant requests the defendant to issue the delivery document falsely on the basis of the time and quantity planned in the design book for the reason that the whole amount of the construction cost is supplied according to the plan and quantity, the defendant is expected to receive the payment of the actual quantity above the actual quantity of the delivery in consideration of the convenience of the construction company, and in response, he is willing to issue a false delivery document to have the construction company submit it to the ordering office, thereby receiving the payment of the ready-mixed.

Accordingly, on August 2015, the Defendant placed an order at the J-office, Co., Ltd., Ltd., which has been L in Macheon-si, and M.

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