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(영문) 춘천지방법원 영월지원 2019.01.08 2018고단161

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 31, 2017, the Defendant entered into a contract to sell each of the above real estate with the victim F, who is the person having a right to lease of land D land, E land, and E No. 1 building owned by the Defendant at the office of the “C” located in Gangseo-gu Seoul Special Metropolitan City, Gangwon-do on July 31, 2017, the Defendant made a false statement to the effect that “The victim shall substitute the sale price of KRW 65 million with the existing deposit, and pay the remainder of KRW 15 million on the date of the contract, by September 30, 2017, the Defendant shall cancel the creation of a collateral security, seizure, provisional seizure, etc. for each of the above real estate and transfer ownership.”

However, in fact, the defendant, without any specific income, bears obligations against G, obligations against individual debtors, arrears in taxes, etc., and the victim did not have any intent or ability to transfer ownership after cancelling the creation of a collateral security, seizure, provisional seizure, etc. on each of the above real estate.

The Defendant received the purchase price of KRW 104,575,00 from the victim to a G account in the name of the Defendant on the same day, and fraudulently acquired it.

The defendant of "2018 Highest 284" is the representative of I in the Bupyeong-gun H of Gangwon-gu and is an employer who operates sanctions by using five regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay wages of KRW 27,978,200 to workers who were employed from July 1, 1993 to October 31, 2015 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

"2018 Highest 161"

1. Partial statement of the defendant;

1. Each legal statement of the witness F and K;

1. A complaint;

1. A certified copy of the register;