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(영문) 서울중앙지방법원 2014.04.01 2012고단6063

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The defendant of "2012 Highest 6063" was involved in the operation of the secondest import company of "C" around January 2008 and did not have the intent or ability to operate the C properly even if he received money from the victim D.

On January 3, 2008, the Defendant: (a) made a false statement that, at the south-gu Seoul Metropolitan Government Branch of the Foreign Exchange Bank located in Seoul, the Defendant promised that the Defendant would make an investment of KRW 2 billion in the capital to the victim; (b) he would be supplied with a vehicle at the headquarters in Gangnam-gu; and (c) had the victim obtain a guarantee for a loan of KRW 300 million in the name of C in the south-gu branch of the Foreign Exchange Bank on the same day by allowing the victim to obtain a loan of KRW 300 million in the name of the Republic of Korea on the same day.

The Defendant of Gangnam-gu, Seoul, is an employer who employs 15 full-time workers and 7 full-time workers in the 3rd floor of G Building in Gangnam-gu, Seoul, and operates a foreign exchange transaction service business by employing 7 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Defendant

1. The above “State F” works from August 27, 2008 to June 30, 2009.

With respect to retired I, the total amount of KRW 41,373,133 of wages on September 2008, and KRW 2,333,000 of wages on October 2008 was not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in attached Table 1 of Crimes List 1.

2. The above “H” is working from February 15, 2009 to July 15, 2009.

The retirement J's wage of 1,700,000 on July 7, 2009 as well as the wage of 10,835,483 shall be extended by the due date for payment between the parties concerned, as shown in the attached list 2.