beta
(영문) 서울서부지방법원 2020.07.22 2019고단3992

근로기준법위반등

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.

(e).

Reasons

Punishment of the crime

On January 4, 2019, the Defendant stated that “The amount to be used together with C is urgently needed. The Defendant borrowed KRW 3,500,000,000,000,000,000,000,000,000,000,000,000 won, 3,50,000,000,000,000,000,000,000 won, 3,5,000,000,000,000 won

However, in fact, when the Defendant was unable to pay the wages and retirement allowances of employees of the livestock industry company at the time, the Defendant borrowed the said vehicle as security by arbitrarily offering the said vehicle as security, and did not borrow money together with C, and thus, the Defendant did not have any intent or ability to pay the principal and agreed interest even if he borrowed money from the victim.

After all, the Defendant received 31.5 million won from a new bank account (Account Number: D) in the name of C on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of motor vehicle registration certificate, certificate of transfer of Internet banking, investigation report ( telephone communications and data submission, which is a complainant related to the collection of suspect vehicles), closure (B, A), Sms transmission status, motor vehicle register (E), notarial deed (B), and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: A sentence of imprisonment with prison labor for a period of six months and a sentence of fraud around January 2018;