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(영문) 수원지방법원 안양지원 2014.01.21 2013고단262

사기미수

Text

Defendant

A Imprisonment with prison labor for one year, for six months, for Defendant B, for a fine of 3,00,000, for Defendant C, for Defendant D, E, F, and G.

Reasons

Punishment of the crime

Defendant

A The representative director of J Co., Ltd. (hereinafter “J”), Defendant B, the director of J from J to January 2, 2009, Defendant C is a person who operates K Co., Ltd. which supplies materials for pelling construction, Defendant D is a person who engages in business registration with the trade name of “M”, “M”, “F” and “N”, and Defendant G operates an O Co., Ltd. which produces and assembles garment.

Defendant

C is not a worker of the J, but Defendant D, E, F, and G are general creditors who did not receive the construction cost due to each J's d, E, F, and G's d', E, F, and G's d', E', F, and 21 persons who provided labor to G as stated in the separate list of crimes committed by the J are not workers of the J, and the J did not have any delayed payment of wages to Defendant C, D, E, F, G and their employees.

Nevertheless, Defendant A and B conspired with Defendant C and 25 other (hereinafter referred to as “C, etc.”) to receive dividends in preference to Defendant C, a creditor of the J, on the top of the right to priority payment of wage claims, 100 million won deposited by P, a debtor of the J, as the cause of construction payment, as if they were not paid by the J, and committed the following crimes.

Defendant

A and B, on March 9, 2009, Defendant C, etc. designated Defendant B as the trustee and failed to receive wages from theJ, and submitted false written complaints to the Gyeongyang Korea Labor Agency. Defendant A and B made a false statement to the labor inspector of the Mayang Korea Labor Agency that Defendant C, etc. was an employee of the J and did not receive wages. Defendant C, etc. issued a confirmation request for confirmation of delayed payment from the Mayang Korea Labor Agency on March 17, 2009, and on March 2009. < Amended by Act No. 9508, Mar. 3, 2009>