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(영문) 의정부지방법원 고양지원 2018.12.11 2017고합88
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is the site leader of the victim B (hereinafter “victim”) who manufactures and sells fire-fighting machinery and whose main business is the design, installation, supervision, and inspection of fire-fighting systems, and who is in charge of the management of workers and supervision of official photographing by the damaged company as a master warden of D and E construction site (hereinafter “the construction site of this case”) subcontracted by C from August 22, 2004 to February 2013.

The Defendant, in response to various circumstances in the construction site, assigned more than 10% of the required construction materials and human resources for smooth completion, and used the fact that the employees of the victimized company with large scale of the above construction site could not properly distinguish the human resources and human resources belonging to the subcontractor company from the headquarters of the victimized company even if the site inspection was conducted by the employees of the victimized company. In fact, the victimized company entered into a false subcontract with the subcontractor company in the region as if the additional construction is necessary under the contract with the subcontractor company in the region at the request of the victimized company C, which is the place of the order, and concluded a false subcontract as if it were necessary for the additional construction work, and had the subcontractor claimed for the construction payment from the subcontractor company and received a return

On March 1, 2008, the Defendant entered into a contract for pipeline construction works at the damaged company office located in Yongsan-gu Seoul Metropolitan Government, the representative of (ju) G, and the construction cost of H, the amount of KRW 418 million,00,000,000, and the employees of the damaged company's construction management team who did not know the situation before the cooperation, shall have YN enter into a subcontract construction contract and have Y enter into a contract for the subcontracted construction work and work around the 28th of the same month, and submit a written claim for gold amount of KRW 5,00,000,000 to the J of the victimized company's financial team staff by June 26, 2008, and also demand the amount of KRW 418,000,000,000 in total, not later than June 26, 2008.

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