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(영문) 서울남부지방법원 2016.07.22 2015고합453

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, violation of the Labor Standards Act and

Reasons

Punishment of the crime

The defendant of "2015 Gohap 453" is the chairperson of D, an incorporated association (hereinafter referred to as "D").

From December 2, 2013 to January 2014, the Defendant: (a) concluded an agreement on the supply of goods to H and I, etc., representing the Victim F Co., Ltd. (former Co., Ltd. G; hereinafter “victim Co., Ltd.”) at the D offices, etc. located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and 602; (b) concluded an agreement on the supply of goods to H and I, etc., stating that the Defendant would deliver KRW 650,000,000 as collateral for the supply of goods, by June 2014, the Defendant would supply KRW 100,000 to H and 60,000,000,000 from around January 27, 2014; and (c) concluded an agreement on the supply of goods to the victim Co., Ltd. from around 100,000 to 104,0000,000 won, respectively, from around 27, 2014.

However, at the time, D did not have a registered design for the lighting that was to be supplied to the victim company, and even if it was not equipped with sufficient production facilities, D did not have the ability or intent to supply the lighting at time as agreed upon even if it received the security money as above.

Nevertheless, as the Defendant had delivered the above lighting from time to time, the Defendant deceiving H, a representative of the victim company, etc., and was given KRW 650 million from the victim company as collateral.

Summary of Evidence

1. Each legal statement of a witness I, H, J, and K;

1. The suspect examination protocol against the accused is in the process of interrogation of the suspect;