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(영문) 부산지방법원 2020.09.10 2019고단6065

사기등

Text

A defendant shall be punished by imprisonment for six years.

The Defendant, to the applicant B, 50,000,000 won, and 47,00,000 won, respectively, to D.

Reasons

Punishment of the crime

[2019 Highest 6065] On December 25, 2010, the Defendant concluded that “The cost of construction shall be KRW 9 million and KRW 3.5 million among them shall be the down payment, and it shall be deemed that the Defendant would damage the construction of the yellow soil bank in an apartment site from December 10, 2010 to December 25, 2010.”

However, the defendant, while being under investigation by several suspicions of fraud at the time, did not comply with the request of the investigative agency to attend and was in the escape due to the suspension of indictment, used the provisional name of "I" externally, and was prepared to escape from the investigative agency at any time, and even if he received the down payment from the victim, he did not have any intention or ability to harm the test construction in accordance with the contract even if he received the down payment.

As the Defendant could conceal the aforementioned circumstances to the victim and normally complete construction work, he/she deceivings the victim, and he/she was issued 3.5 million won from the bank account (J) in the name of the Defendant in the name of the Defendant on December 10, 2010 under the name of the victim of the construction contract.

[200 Highest 318]

2. The Defendant in violation of the Labor Standards Act is the employer of M who operates an interior construction business under the trade name of “L” located in Gangwon-gun K. The Defendant is the employer of M who operates the interior construction business.

When a worker dies or 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 is working from March 27, 2017 to September 22, 2017 at the foregoing workplace.

The above worker's wages of KRW 11,400,000 shall be from the date of retirement without any agreement on the extension of the due date between the parties.

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