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(영문) 인천지방법원 2018.11.21 2018고단5762

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Basic facts, such as the Defendant’s financial condition, etc., are that the Defendant leased and operated a fishery product store in the retail store B (hereinafter “soft”) (hereinafter “fisheries store”), the Defendant, as the head of the management team at the place of management, was in charge of the management of goods and human resources in each fishery coper in each fishery, and from January 2017, the Defendant operated the fishery coper in the Seoyang-gu, Busan Metropolitan City and the Dong-gu, Incheon Metropolitan City E-gu, by the so-called “the so-called “the so-called “the so-called president”) method, in lieu of the Defendant’s bearing labor costs and various operating expenses, three months thereafter, the fishery coper operated in the form of the small president.

However, the Defendant and the Defendant’s wife, who had no capacity to repay the obligation equivalent to KRW 150,000,000 prior to five years prior to filing an application for personal rehabilitation, applied for monthly payment of KRW 37-4,000,000,000 except for the minimum living expenses, and did not have any particular property or income. As seen above, the Defendant and the Defendant’s wife expected to receive KRW 1,00,000 per month for the place of fishery copier operated by the small president, but rather, it was accumulated to the highest amount of KRW 25,00,000 per month for reasons such as low sales and excessive operating expenses from the beginning of the operation, and thus, it was urgent to prevent delayed payment of wages, and thus, it was extremely urgent to prevent delayed payment of wages. Accordingly, the existing and new repayment of debts was at a low level of operating expenses for raising the minimum amount necessary for fishery copier.

However, from January 2017, the Defendant, as a substitute for the above F F, etc. with the victim G from the victim G from the perspective of H job seeking to pay attention to the acquisition or operation of the fishery coper during simple work as a substitute for the above F, etc., and received money from the damaged party with the ability to operate the fishery profits or the Defendant’s management ability, and received money from the damaged party for investment or loan, and used it for the purpose of resolving the accumulated amount of funds such as personnel expenses of fishery coper