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(영문) 대구지방법원 상주지원 2015.06.23 2015고단195

사기등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant using two full-time workers under the trade name of “C” in the door-time.

1. On May 201, 201, the Defendant made a false statement to the victim D, who worked as an employee in the above C cafeteria, stating that “The Defendant would make it difficult to operate the cafeteria.” The Defendant borrowed money to 15% of the monthly interest.”

However, in fact, there was no particular property for the defendant, and there was no intention or ability to fully repay it even if he borrowed money from the victim because the personal debt exceeds about 20 million won.

As above, the Defendant, by deceiving the victim as above, received KRW 12,00,000 in total from the victim on May 27, 201, or KRW 2,00,000 on August 23, 2011, or KRW 1,200,000 on March 12, 2012, or KRW 40,000 on February 9, 2013.

2. The Defendant in violation of the Labor Standards Act did not pay the total of KRW 15,200,000 as wages of KRW 800,000,00, etc. of retired workers D on July 5, 201 to April 5, 201, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant Article 347(1) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, the choice of fines for criminal facts, the choice of penalties, and the choice of fines, respectively;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence is to be imposed as ordered in consideration of the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have the same criminal record for the defendant; (b) the defendant paid 5.6 million won to the victim; and (c) the defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the crime; and (e) the circumstances after the crime