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(영문) 광주지방법원 목포지원 2016.12.09 2016고정264
사기등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is the victim D Co., Ltd., operated by C, who served as the head of the “E” construction site as the victim D Co., Ltd.

1. On Nov. 1, 2014, the Defendant filed a direct claim for labor cost of KRW 750,000,000 from September 14, 2014 to December 28, 201, as G, a F resident of the Republic of Korea, provided labor for 7.5 days between September 14, 2014 and September 28, 201.

However, in fact, the Defendant borrowed KRW 750,00 from G, claiming the above amount as labor cost, and in fact G provided labor only for two days at the above construction site.

Around November 2014, the Defendant, by deceiving the victim as above, had the victim transfer KRW 50,000,000,000 to the said G as labor expenses.

2. The Defendant in occupational breach of trust has been working for the victim D corporation operated by C as the site director of the “E” corporation, which was ordered by Newanan Army, and has been engaged in the overall management of the construction site.

On August 8, 2014, the Defendant arbitrarily used materials, such as sand, gravel, etc., of the victim company, and equipment of 06W excavationers, which are paid by the victim company, at the H’s house located in the Hannam-gun F, Hamanndong-gun, the Defendant incurred damages equivalent to KRW 3,108,00 in total of the material cost, equipment cost, personnel cost, and labor cost, by granting basic concrete construction to the victim company by claiming for payment for the completed portion of labor cost, etc. at the request of the victim company. The Defendant had the said H gain pecuniary profit equivalent to the said amount.

In addition, the defendant uses the materials and equipment of the victim company at least four times in total as shown in the attached list of crimes, and does work for village residents who are irrelevant to the victim company by claiming labor costs to the victim company, thereby causing property damage to the victim company, and village.

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