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(영문) 대전지방법원 논산지원 2019.06.18 2018고단681

사기등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is the representative director of Chungcheongnam-si B (hereinafter “B”), Jeonbuk-gun C (hereinafter “D”), Jeonbuk-si E (hereinafter “E”), Jeju-si (hereinafter “F”), and Jeju-si F (hereinafter “F”), and G and H (hereinafter “G”), respectively.

The victim I is a person who actually operates K as the representative director of the J, and enters into an entrusted operation agreement with H on July 2015 with H on the F major (A Dong) and operates F major (A Dong) from August 1, 2015.

L is a person who actually operates the N corporation that his wife M is registered as the representative director.

【Criminal Facts】

1. Fraud against a victim L;

(a) Around August 17, 2016, the Defendant related to F Shin-dong: (a) concluded a provisional contract for entrusted operation with the victim on a total of KRW 300 million for the amount of 46 guest rooms in the G office located in Seongbuk-gu Seoul Special Metropolitan City (Bdong); (b) concluded the provisional contract for the entrusted operation with the victim on a total of KRW 500 million; (c) transferred KRW 10 million to the H community credit cooperatives (P) account in the name of H on the same day; and (d) on September 23, 2016, transferred the amount of KRW 10 million to the Agricultural Cooperative Account in the name of the Defendant on September 23, 2016; and (e) on October 27, 2016, the period of the contract for the above guest rooms from January 1, 2018 to December 31, 2022; and (e) concluded the contract with the victim on a lump sum of KRW 200 million in the name of the community.

However, at the time of fact, F Shin(Bdong) was entrusted to R Co., Ltd., and the term of the contract was until November 30, 2017. However, in order to enable the victim to operate F Shin(Bdong), it was a situation in which the victim should consult in advance about the termination of the entrusted operation contract with R Co., Ltd. and return the deposit KRW 250 million.

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