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(영문) 의정부지방법원 고양지원 2014.07.18 2013고단647

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for violating the Labor Standards Act at the Seoul Southern District Court on June 16, 201, and the said judgment was finalized on June 24, 2011.

[2013 Highest 647]

1. On June 9, 2008, the Defendant, at the victim’s residence of Yangcheon-gu Seoul Metropolitan Government C Apartment 303 Dong 704, 704, the victim, “In the process of a lawsuit against the Gwangjin-gu Office, the inside of which has been winning, almost all of which has been winning, and 2 billion won has been winning. In addition, the Defendant made a monthly payment of room room at the Gangnam-gu office, Gangnam-gu office, which can receive sufficient amount of KRW 500-60,000,000,000 from the beginning of July if he/she loans money.”

However, in fact, even if the Defendant borrowed money from the victim, such as the Defendant was in progress in the appellate trial, and did not own the room to receive security deposit, the Defendant did not have any intention or ability to complete payment until the end of July 2008.

After all, the Defendant, as such, was accused of the victim, and received 30 million won from the victim as the borrowed money.

2. On June 20, 2008, the Defendant, at the victim’s residence as stated in paragraph (1) of this Article, made a false statement to the effect that “The Defendant would complete payment by the end of July, 2008, if he/she lends money to the victim with belief that there are only two cases of lawsuit with the Mine-gu Office and other auction proceeds, respectively. The Defendant may receive KRW 40 million and KRW 50 million.”

However, in fact, the defendant had already lost in the first instance court of civil procedure, which was in progress in accordance with Paragraph 1, and was unable to fill in the winning, and there was no auction case in which the defendant participated, and as tuition fees received from the students of the private teaching institute operated by the defendant, it is without any limit to the monthly salary of the instructors of the private teaching institute.

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