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(영문) 서울중앙지방법원 2017.07.13 2016고단4677

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

When the Defendant was unable to pay the wages of the employees due to failure to pay the wages of the employees from March 2014 to June 2014, 2014, who are employees of the above company, the Defendant was running the website producer (state)C, and the employee who did not receive wages continues to leave the website, and there was no intention or ability to produce and supply the content of the client’s desire within the period agreed upon, even if he was requested to do so by another person.

Nevertheless, on April 18, 2014, the Defendant received a request for the production of “G” website from the victim F to the Seoul Gangnam-gu E and the fourth floor (State office) office, and upon receiving a request from the victim F to the Defendant for the production of “G” website, which is a new freezing site, the Defendant would be able to support the operation after the completion of the design until July 30, 2014, which is within 40 days after the establishment of the design.

“Along with the false statement, the member received KRW 7 million from the damaged person to the deposit account in the name of the foreign exchange bank in the name of the juristic person operated by the Defendant, as well as from around that time to December 3, 2014, a total of KRW 49,50,000,000 from the day of the following crime was remitted four times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to H and I;

1. Each complaint filed by the F, J, H, and I;

1. Investigation report (Evidence Nos. 34 of evidence) / [The defendant did not have any criminal intent to obtain fraud;

The argument is asserted.

According to the above evidence, it is evident that the defendant did not complete the construction of the homepage requested within the agreed period, and at the time of receiving each money from the victims, the defendant was in a situation where he did not pay wages to the workers properly, and in the case of the manufacturer of the website operated by the defendant, the defendant is also a worker who is in charge of the construction of the website.