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(영문) 서울중앙지방법원 2017.11.28 2017고정2543
사기
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

[Basic Facts] On June 2016, the victim concluded a business agreement with the Seoul Branch of the Seoul Metropolitan Association of Exemplary Drivers (hereinafter “Seoul Branch”) on the placement and operation of traffic managers (e.g., exemplary drivers) for traffic communication and safety management in the surrounding areas after opening the C branch. From July 3, 2016 to September 30, 2016, when the exemplary drivers belonging to the D, E, F, and G 4 branch offices of the Seoul Branch engage in the traffic flow management of the access road and the adjacent intersection and the adjacent intersection, and the victim paid traffic management fees calculated as KRW 14,40 per hour to the relevant workers at the request of the Seoul Branch (hereinafter “traffic management service”).

[2] The Defendant, while serving as the president of G branch under the Seoul Branch, prepared a false traffic management work log, etc. even though he did not have any traffic management service, and submitted it to the victim to obtain traffic management fees from the victim.

On July 2016, the Defendant: (a) submitted relevant documents, such as a traffic management work for hours of 126 hours, to Seoul Branch as if he/she had worked for 50 hours around July 2016; and (b) demanded the Seoul Branch to claim for traffic management expenses for the victim on the ground of the submission of those documents; and (c) received KRW 1,814,400 from the victim on August 2016, under the pretext of the allowance for traffic management expenses for the said 126 hours.

On August 2016, the Defendant continued to submit relevant documents, such as traffic management work sites, which were falsely prepared as if he/she had worked for 189 hours even though he/she had not worked for around August 2016, to Seoul branch office, and had Seoul branch office claim for the payment of traffic management expenses against the victim based on such documents.

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