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(영문) 창원지방법원 거창지원 2014.06.11 2014고단6

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. On January 2013, 2013, the Defendant made a false statement to the victim C, stating, “The victim would pay KRW 16.8 million to the studio construction site in Busan, the studio construction site.”

However, the defendant did not have any funds, and there was no intention or ability to pay the construction cost even if he did not receive the payment of the pre-paid other construction cost, and even if he received the construction cost, it is difficult for the victim to pay the cost of materials and labor cost.

As above, the Defendant, by deceiving the victim as above, had the victim complete the construction work from January 7, 2013 to February 16, 2013, and acquired the pecuniary benefits equivalent to KRW 16.8 million for the construction cost.

2. The Defendant in violation of the Labor Standards Act is an employer who employs 7 full-time workers at the studio construction site located in Kimhae-siD and operates a construction business.

The Defendant did not pay the E and F wages of KRW 1,00,000, which were worked at the construction site from February 1, 2013 to February 28, 2013, within 14 days from the date of retirement without agreement on the extension of each payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol of statement to C and E;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud), Articles 109(1) and 36 of the Labor Standards Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (such as the fact that the amount of unpaid wages is not large, and that there is no record of committing any crime after the suspended execution was punished in 2004);

1. Social service order under Article 62-2 of the Criminal Act;