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(영문) 창원지방법원 2017.11.29 2017노1698

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and mistake, the Defendant merely entered into an agreement with the victim to distribute profits and received investments, and did not take money by deceiving the victim as a registration fee of F Company collaborative companies (the fraud). The Defendant does not have any means of employing the workers once a year of crime list 3 through 15 (15) of the lower judgment, and thus, cannot be deemed as bearing an obligation, such as wages, as an employer (the violation of the Labor Standards Act). B. Sentencing sentencing is unfair (the Defendant is in violation

2. Determination

A. Regarding the assertion of misunderstanding the facts or misapprehension of the legal principles, 1) fraud, i.e., the following circumstances revealed by the evidence duly adopted and investigated by the court below, such as reporting on the legal statement and recording of the witness E of the court below, i.e., the victim E’s statement from investigative agency to the court of the court below, i.e., the contents of the account transaction from investigation agency to the court of the court below, i., the details of the account transaction, and the recording records with the defendant, ii) the victim was informed that the procedure for the registration of the cooperation was not run by directly confirming the F company’s president, i.e., the victim was proved to the fact that the cooperation company was not registered, iii) the Defendant used the funds received from the victim as expenses related to K Corporation regardless of the registration of the F collaborative company; iv) the victim would have been deemed to have not remitted the funds to the defendant if the victim knew that it was used for construction expenses unrelated to the registration of the cooperation company.

full recognition may be accepted.

The decision of the court below with this conclusion is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

Defendant

The argument is without merit.

2) The violation of the Labor Standards Act.