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(영문) 의정부지방법원 2017.03.09 2016노3013

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud, ① the Defendant borrowed money several times from the victim G before October 24, 201, and partly repaid the money. The interest of KRW 150,000,000 (hereinafter “the instant loan”) at issue in the instant case was paid monthly to the victim by January 2013. The Defendant endeavored to reconstruct the F’s building and site after the sale of the F’s building and site, up to August 2014. Since the Defendant used the instant loan money to operate the F, the Defendant did not have an intent to acquire the money from the victim, ② the Defendant did not have any specific purpose with the funds to purchase the funds from the victim at the time of borrowing the funds from the victim, and ② the Defendant did not request the victim to acquire the funds from the victim by means of the dispositive act, in light of the fact that the Defendant did not use the funds from the dispositive act to purchase the funds from the dispositive act of this case, and the Defendant did not use the funds from the dispositive act of this case.

2) As to the violation of the Labor Standards Act, the victim H was in the position of the managing director of the Defendant’s business, and was in the same business relationship with the Defendant from May 2012, and thus there was no wage to be paid by the Defendant to the victim. Therefore, the Defendant was due to the failure to liquidate money and valuables.