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(영문) 광주지방법원 순천지원 2015.06.25 2015고단123
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant from January 7, 2014

1. up to 22. up to 22. A person who used the office of a managing director in (State D)D operated by the Victim C, and served as the Director at the Construction Site of the Female F Building in E at such time;

On January 21, 2014, the Defendant made a false statement to the victim I, “The Defendant would pay the full amount of labor cost of KRW 40 million on January 7 through January 31, 2014 (from January 7 to January 31, 2014) to the employees of J and 17, who participated in reinforced concrete construction works executed by D at the site of construction works of the building of the building of the building of the building of the Hacheon-si, Jeju.”

However, even if the defendant received 40 million won from the victim, he/she was employed in the K apartment site, which is a separate construction site that was managed by his/her wife, friendly, her wife, and the defendant, and tried to pay labor cost to the workers who were not paid labor cost, and did not intend to pay labor cost to the workers outside J and 17 others for January 2014.

On January 24, 2014, the Defendant received KRW 40 million from the victim to the Agricultural Cooperative (L) account in the name of the Defendant under the name of the Defendant for labor expenses in January 2014.

Accordingly, the defendant deceivings the victim and received property.

Summary of Evidence

1. A defendant's partial statement (a statement to the effect that he/she received money as stated by the victim, some of them actually paid labor expenses and actually acquired money by deception is KRW 7.2 million);

1. Legal statement of a witness I;

1. Each police protocol of statement I and M;

1. A complaint filed by I;

1. A certificate of specification of transactions, a certificate of receipt and payment assurance of labor costs, a statement of payment of daily labor costs, N-related contents, requests, and electronic tax invoices;

1. Details of suspect's work progress, payment record of daily labor cost, building materials rental contract, F building, and payment record of labor cost;

1. A statement of ordinary deposit transactions, and a request for transactions with N at the K site;

1. Investigation reports (O telephone communications for reference) and telephone communications;

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