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(영문) 창원지방법원 2015.04.22 2013고단2751
사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

[2013 Height2751]

1. Fraud against victim D;

A. On March 4, 2013, in the F office operated by the victim D on March 4, 2013, the Defendant made a false statement to the effect that “Aminium products should be supplied rapidly to the victim,” the Defendant would receive the price from (ju) DKTT and pay the price to the victim by March 18, 2013.”

However, the defendant did not have the intention or ability to pay the price even if he was supplied with Aluminum from the victim because he was subject to provisional seizure against the claim against DKT by G. Therefore, even if he was supplied with Aluminum from the victim, he could not be paid the price for the goods.

The Defendant, by deceiving the victim as such, received alumumum equivalent to 9.5 million won at the market price on the same day from the victim.

B. On April 11, 2013, the Defendant was guilty on April 11, 2013.

In the same place as Paragraph 1, the victim made a false statement to the effect that “I will immediately give the goods if I send money to the Company with Aluminium equivalent to KRW 12 million.”

However, in fact, the defendant did not have the intent or ability to supply Aluminium even though he did not have the intent to consume the above Aluminium in the defendant's company for the production of products and received the money from the victim.

As such, the Defendant, by deceiving the victim, acquired 12 million won from the victim to the bank account (H) in the name of the Defendant on the same day.

2. Around February 2013, the criminal defendant against the victim I made a false statement to the victim I that “If the defendant in the jurisdiction of the Kimhae-si, a machine of the machine of the high speed mining center (ACE-M500) is installed in the company, the defendant would pay the victim I in cash by June 3, 2013.”

However, the defendant is a bank interest every month, wages of employees, and electricity charges.

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