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(영문) 대전지방법원 2017.09.27 2017고단2967
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed fraud, from February 2015 to April 2016, 2015, as a construction site manager of the victim C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun, to take charge of the management of human resources at construction sites.

On January 12, 2016, the Defendant prepared a daily wage claim form stating that D provided labor at the construction site although D did not provide labor at the construction site, and submitted it to the victim company.

As above, the defendant deceiving the victim company and received 1,400,000 won from the damaged person as wages of the above D, and acquired it through deception from the time of the above year.

3. From around 31.3, a total of 13,140,000 won was acquired through the same method nine times in total, such as the list of crimes in the attached sheet.

2. The Defendant violated the Resident Registration Act at the office of the above C Co., Ltd. around January 12, 2016, which was stored on a computer in order to commit the crimes referred to in paragraph (1) above.

D's resident registration number is arbitrarily entered and a written application for daily wage was submitted to the company as well as the written application for daily wage as shown in the attached list of crimes, and the resident registration number of the labor provider was arbitrarily entered.

Accordingly, the defendant used the resident registration numbers of D et al. unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Details of passbook transactions;

1. Application of investigation reports (verification as to whether the title holder of labor services has illegally used his/her resident registration);

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Article 37 Subparag. 10 of the Resident Registration Act (the point of illegality of another person's resident registration number) and the choice of imprisonment with labor for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the nature of the crime is not good in light of the method of crime and the maximum amount of fraud.

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