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(영문) 대전지방법원 홍성지원 2014.10.01 2014고단325
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From December 10, 2012 to November 8, 2013, the Defendant served as the site manager of the Chungcheong-gun D Construction Site (hereinafter “instant construction site”) performed by the Victim C Co., Ltd. from around December 10, 2012 to around November 8, 2013, and was in charge of exercising overall control over the construction site, such as recruitment and management of workers at the instant construction site, claim and management of construction cost, such as labor cost and site expenses, management of goods, tools, etc., and supervision of the progress of construction.

1. The Defendant, while working as the warden of the instant construction site, had the victims work at another construction site by using the fact that it is practically impossible for the victims to accurately confirm whether the actual workers work at the construction site, and had the workers who concluded a labor contract with the victims work at another construction site, and then acquired the victims and other companies at another construction site with payment of construction expenses, such as double labor cost and food expenses, or claimed an excessive amount of food expenses, thereby defrauding the victim to the extent of the difference between

The Defendant received labor costs from the victim’s employees, during the month of August 2013, the Defendant: (a) had the victim, who had entered into an employment contract with the victim, request the victim to pay labor costs as if the above workers had engaged in work at the L construction site in Dong-dong L&C located in the instant construction site; (b) on September 17, 2013, the Defendant received KRW 10,679,280 in total as the labor cost of the above workers; and (c) on September 2013, the Defendant received KRW 10,679,280 in total as the labor cost of the above workers; and (d) had the victim, who had entered into an employment contract with the victim, filed a claim with the victim for labor costs at the construction site in Han-dong Construction site in the instant construction site; and (e) had the above workers received KRW 36,376,00 in total as the labor cost for the said workers’ work at the instant construction site.

(b).

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