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(영문) 수원지방법원 평택지원 2016.09.13 2016고단1592
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2] On November 22, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence at Daejeon Prison on March 22, 2013.

[2] The defendant was the head of the team who was the victim corporation D in Pyeongtaek-si C, who was the head of the team responsible for the management of the non-interpreting work at the site of the facility construction work in Pyeongtaek-si.

On February 25, 2015, the Defendant made a false statement to the effect that “The Defendant was delegated by the head of the public service division of the victim company E, such as F working at the above construction site, to receive wages instead of wages of 16 persons, such as F, etc. working at the above construction site, and thus, transferred wages to an account under his name.”

However, the defendant did not have been delegated by his father to receive wages instead, and it was thought that the defendant received the above money from the injured party and paid the above wages to the figures in other construction sites and used it for personal purposes.

On March 2, 2015, the defendant deceivings the victim company as above, and acquired 52,105,000 won from the victim to the Saemaul Treasury in the name of the defendant on March 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to G, H, I, and J;

1. A complaint, letter of delegation for receipt of wages, fact confirmation, details of deposit confirmation, and each reply;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (Attachment of the previous decisions and reporting on confirmation of repeated crimes);

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

1. The Defendant committed the instant crime during the period of repeated crime under Article 35 of the Criminal Act, even though he/she had the record of being sentenced to a fine and imprisonment due to embezzlement and fraud (in particular, he/she has the record of being sentenced to the suspension of the execution of imprisonment due to the embezzlement of personnel expenses of the father).

After intentionally forging the power of attorney, 36,415,050 won was actually stolen, it has escaped until now.

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