사기등
A defendant shall be punished by imprisonment for not less than three years and six months.
Of the facts charged in the instant case, violation of the respective Labor Standards Act against B, C, and D.
Punishment of the crime
[Criminal Power] On November 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on July 7, 2016.
[2015 Highest 4795]
1. The accused is a person who actually operates E and F Co., Ltd. established for the purpose of education of caregivers;
On February 2, 2014, the Defendant made a false statement to the effect that “H” located in G in Gwangju-si, which is an employee of the said company, “I and J, if an investment is made, will be made into a stock company of the branch office of the K-gu in the K-gu in Gwangju-si,” “If an investment is made, it will be made into a stock company of the K-gu in the K-gu in the K-gu in Seoul-si, and will establish a corporation with the capital equal to two times the investment amount by investing the equivalent amount, and the shares will be divided into 49:51, and the investors will be the representative of the incorporated corporation. The investment amount will be used for the operating expenses of the incorporated corporation, and the deposited money will be returned if an acquisition of stocks is revoked within three months.”
However, the above corporations and branch corporations run by the defendant at the time, from 5 to 60 million won, and 2.5 million won per month were incurred, while there was no particular profit, making no additional investment, making it difficult to operate the funds no longer difficult to pay the operating expenses. Accordingly, the defendant thought that the funds deposited should be diverted to the operating expenses of the above corporations. Accordingly, even if he received the funds from the victim, he did not have the intent or ability to use them as the expense for the establishment of the corporation to be newly established as the victim's representative, or to return the deposited funds when the victim requests the payment of additional investment funds corresponding to the funds invested by the victim or the termination of the contract within 3 months.
The defendant deceivings the victim by such a method, and is deceiving him.