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(영문) 인천지방법원 2017.04.19 2016고단7414

사기

Text

The defendant shall be punished by imprisonment with prison labor for the crimes of KRW 5,00,000 and the crimes of KRW 2 in the holding.

Reasons

Punishment of the crime

On August 26, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspended execution as a violation of the Labor Standards Act at the Seoul Central District Court on August 26, 2008, and the above judgment became final and conclusive on September 3, 2008.

"2016 Highest 7414"

1. The Defendant, around March 2008, operated the said company as the representative of the tegrative company “D”, a construction in the fourth floor of Jongno-gu Seoul Metropolitan Government C Building.

On March 21, 2008, the Defendant: (a) around March 21, 2008, to the victim F, who was introduced from E, an employee, at the office of “D”; (b) the Defendant would have the Defendant paid KRW 17 million to the victim F, an employee; (c) the Defendant would have the Company subcontracted the interior interior interior interior interior interior interior interior interior interior decoration in the G that the Company received.

“A false statement” was made.

However, in fact, the above company's management did not receive any order from H's indoor interior interior decoration, and it was extremely difficult to provide the monthly salary of employees exceeding KRW 100 million. Therefore, even if the defendant received money from the injured party, he did not have the intent or ability to allow the victim to perform the subcontracted work.

The Defendant received KRW 15 million from the damaged person to the account in the name of the Defendant on the same day, and received additional remittance of KRW 2 million from the account in the name of the wife of the above E on April 14, 2008.

Accordingly, the defendant was given a total of KRW 17 million by deceiving the victim.

"2016 Highest 773"

2. On May 2014, the Defendant is a director of the “L” office operated by the Victim K, which is located in theJ of the Hannam-si of the Hannam-si of the Hannam-si.

It is intended to supply bathing room materials to be used at the site of a new test project by the Party, and transfer the proceeds to the party immediately upon receipt of the materials.

The phrase “ makes a false statement.”

However, there is no fact that the defendant worked in M, and at the time, the defendant has been in excess of KRW 200 million, and there is no particular property, so even if he has received the bathing material from the injured party, he/she is willing or ability to pay the price.