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(영문) 서울동부지방법원 2013.08.22 2013고단835
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 18, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court for fraud, and the judgment became final and conclusive on February 26, 2013.

From February 1, 2012 to April 4, 2012, the Defendant issued a false work confirmation as if the Defendant continued to work for the victim E, who operated D at the site of the new apartment construction work in Busan City (U.S.) located in C apartment building B (U.S.).

However, the defendant had already completed the dismantling and rearrangement work of the mold around January 30, 2012, and there was no fact that he had carried out the construction work for the above period.

The Defendant, by deceiving the victim as such, received 84,900,000 won as personnel expenses for the said period from the victim.

In addition, the Defendant received a total of KRW 232,675,00 in total eight times, such as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in the police interrogation protocol (two times) of the accused;

1. The police statement concerning F;

1. A written statement;

1. Complaint;

1. A criminal investigation report (to be accompanied by materials submitted by a complainant) and a criminal investigation report (to be heard by a complainant or his/her attorney);

1. Statement of failure, each record of the current status of advances, each work certificate, each statement of transaction, liquidity statement, liquidity trading protocol, field labor expense payment plan, statement of free savings deposit transaction, case summary, and statement of passbook payment;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the court ruling and summary agreement auxiliary to cases;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. From among concurrent crimes, the victim shall be the defrauded of the instant fraud crime with the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.

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