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(영문) 대구지방법원 2014.04.11 2013고단6812

사기등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Criminal facts

[2013Kadan6812] On April 26, 2011, the Defendant terminated the superficies by receiving the loan of KRW 40 million in the name of the author, and repaying the debt set up at KRW 25 million among them with the loan of KRW 40 million in the name of the author, and then lending the remainder of KRW 15 million in the construction cost to the victim F. It is necessary to pay the liquor tax on the remainder of the land at KRW 30,500 per 20 square meters per 4.5 million per 20 square meters per 20 square 20,000.

However, even if the defendant borrowed the land owned by the victim as collateral, he did not have the intention or ability to use the land as the construction cost or to stop the entire house.

The Defendant had the victim set up a right to collateral security with the maximum debt amount of KRW 52 million on the G and H’s land owned by the victim, and borrowed KRW 40 million from I as collateral, and then received the remainder of KRW 15 million for the purpose of construction cost.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 15 million.

[2014 Highest 525] The Defendant is an employer who runs a personal construction business with ten full-time workers without a trade name at the office of the defendant of the Nam-gu Southern-gu J.

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

The Defendant is a stone hole from July 10, 2012 to August 10, 2012 at various construction sites, such as a new construction site of a commercial building where the number of Simsan-si is unknown.