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(영문) 춘천지방법원 2016.04.28 2015고단785
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as an operator of C, entrusted the transplant of natural trees on the E-permanent roads from victims D Co., Ltd. in permanent residence, paid material costs and funeral expenses to C, and paid personnel expenses directly to the victims upon C’ request.

Accordingly, the Defendant, on April 2014, had 12 persons, including the above E construction site, F, etc., from April 6, 2014 to September 9 of the same month as indicated in the daily list of crimes, did not engage in the work of swimming trees for four days from April 6, 2014 to the same month, and the Defendant did not have any obligation to pay labor cost to the victim company, and even if the Defendant was obligated to pay labor cost, 12 employees of the above 12 employees were forced to enter the above construction site in a false statement of daily labor cost for April 15, 2014 to submit it to the employees of the victim company, and deceiving the victim company by means of submitting it to the employees of the victim company, as shown in the separate list of crimes, as shown in the separate list of crimes around May 15, 2014, and acquired the same amount of financial gains by having the victim pay the sum of KRW 5490,000 per day for the above 12 employees.

Summary of Evidence

1. To state part of the witness F in the fifth public trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to G and H;

1. G statements;

1. Application of Acts and subordinate statutes on April 2014, a specification of daily labor costs, and a list of names of payment of labor costs;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On May 2, 2014, among the facts charged in the instant case, the Defendant, on May 2, 2014, committed fraud, at a place where it is difficult to know around May 2, 2014, and in telephone conversations with the victim I, he/she would supply stumk trees to

When depositing 2,860,000 won out of the price for kump, kump trees.

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