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(영문) 서울중앙지방법원 2020.12.10 2020고단5181

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 24, 2020, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to the violation of the Labor Standards Act in the Daejeon District Court's Support for Incheon District Court on July 24, 202, and the judgment was finalized on August 1, 2020.

Criminal facts

On November 19, 2018, the Defendant made a false statement to the said company office located in Gyeonggi-si C and D, the Defendant: “Around November 19, 2018, the Defendant, who is the actual operator of the Victim G (hereinafter “victim”) through F, a director at the site of the building construction in Pyeongtaek-si, which is newly constructed in Pyeongtaek-si, would pay the construction cost immediately after the completion of the construction work.”

However, in fact, since the beginning of the year in 2018, the financial position of the stock company B has deteriorated, the defendant had no intention or ability to pay the construction cost normally even if the damaged company completed the development project, as the defendant was under severe pressure of financial pressure, such as delayed payment of wages to its employees.

The Defendant deceiving H as above and caused the damaged company to complete the spamping construction work at the end of the same month, but did not pay KRW 23,945,00 for the construction cost, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Division: Application of Acts and subordinate statutes to investigation reports (verification of a case among trials);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize the defendant to commit a crime, the fact that there is no record of the same kind of crime before the instant case, the principle of equity with the case where the defendant was tried together with the criminal facts before the judgment became final and conclusive, the fact that the defendant agreed smoothly with the victim when it comes to this court, and the instant case.