beta
(영문) 서울서부지방법원 2015.06.05 2015노121

사기등

Text

The defendant's appeal is dismissed.

The judgment below

Among them, the compensation order part shall be revoked, and the applicant for compensation shall be cancelled.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant is the victim C (hereinafter “victim”).

(3) In the case of fraud, the Defendant’s act of disposal does not have causation with the victim’s act of disposal, and the Defendant was actually directly involved in the instant business, and thus is not a false statement. The repayment ability to distinguish fraud from fraud is not merely limited to the name of the official and formal property owned or the name of the debt, but also the actual and practical ability to repay. The Defendant is also required to determine whether there is a real and substantive ability to repay, at the time of receiving a loan of KRW 300 million under the name of the victim, the Defendant’s loan of KRW 300,000 to the victim as security.

(2) On April 23, 2012, the instant hospital was closed at the end of July 2012, the victim involved in the violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits, by abusing that the name of the instant hospital was in its possession.

Ultimately, the Defendant was deprived of the victim of the final decision-making right regarding the operation of the instant hospital. As such, after April 23, 2012, the actual employer to all employees of the instant hospital was not the victim.

Even if the defendant was in the position of joint employer with the victim, the above act of escaping from the hospital of this case by the victim.