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(영문) 수원지방법원 여주지원 2015.07.16 2014고합112
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. The defrauded Defendant subcontracted to the Victim F Co., Ltd., the Korea Rural Community Corporation contracted with the Korea Rural Community Corporation, and took overall charge of the work related to construction work at the construction site, including construction-related equipment and materials management, personnel supervision, and request for payment for the payment of construction cost, who was employed as an employee of the victim at the site of the H Zone Drainage from around December 22, 2008 to December 30, 201 (hereinafter “H District Corporation”).

The Defendant is in charge of preparing and issuing data, such as a tax invoice for the payment of construction cost, to the equipment business operator or the employees who provide labor, etc. at a construction site, and was issued a tax invoice with the amount of money, etc. to I, on April 201, using the fact that the equipment business operator or the employees did not easily refuse the Defendant’s demand, despite having not received labor, etc. from the equipment business operator or the employees of the equipment business operator or the employees of the H district located in the H district located in Dong-si, Leecheon-si, Seoul, stating that “I, on the site of filing an application for flag, need money, will be deducted from the actual business.” At the last, the Defendant was issued a public tax invoice with the amount of money, etc. to I.

The Defendant stated in the above tax invoice that the supply value “22,290,000”, “2,29,000”, “2,00”, and “24,519,000,” respectively, were submitted to the victim on July 201, and on the basis of this, demanded the Korea Rural Community Corporation, the ordering entity, through E, the original contractor, to pay the progress payment in March 201. On September 9, 201, the Defendant claimed the progress payment in KRW 106,396,00, which was paid by the victim to the Agricultural Cooperative account of the victim via E, was returned to the Defendant’s agricultural bank account in accordance with the tax invoice received by the Defendant.

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