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(영문) 부산지방법원 2020.02.19 2019고단2823
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Labor Standards Act in the Busan District Court's Dong Branch, and the judgment became final and conclusive on October 11, 2017.

The defendant is a person who is engaged in construction design business, etc. while operating both the LAB and the LAB Co., Ltd. at the same time.

On December 1, 2014, the Defendant entered into a service contract with the victim I to enter into a contract for civil engineering design service with the executor of the "Seoul-do Kimhae-si FFF project", which is an executor of the above office, and entered into a contract with the victim I to set the total amount of service cost to KRW 260 million on May 28, 2015, and set it to KRW 135 million on the contract date, and KRW 39 million on the submission of a letter of intent to make an investment to pay to the victim company gradually.

The Defendant did not have any way to pay the service cost to the victim company except for the design contract price to be received from the company operating the above business, which has no special revenue or surplus, due to the business depression at the time. At the time, there was no way to pay the service cost to the company. At the time, there had been remaining accounts equivalent to 2-300 million won, such as company employees' personnel expenses, office rents, and service charges not paid to the service company while running other businesses. The financial situation of the L and E in the L and the L and the L and the L and the L and the K and the L and the L and the L and the L and the L and the L and the L and the L and the L and the L and the L were used in mixing with each other without dividing two corporations' funds. For this reason, even if they received the design contract price from the L and the L and the L and the L and the L were planned to use a considerable amount of money to adjust the existing accounts

Nevertheless, the defendant would normally pay the service cost to the victim company.

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