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(영문) 서울남부지방법원 2016.06.09 2015고합340 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant 2015 Gohap 340 is a person who operates D (hereinafter referred to as "D") with the manufacturing, supply, design, construction, etc. of a glass mold from the outer wall of a building.

The defendant around February 20, 2013, at the D office located in Gangseo-gu Seoul Metropolitan Government E around February 20, 2013, he/she will pay the victim F with no money in favor of him/her.

Calle monthly market was only Aluminum market, and our company first registered Galle Calle monthly.

At present, the patent litigation is in progress and winning, so if the loan is to receive approximately KRW 2 billion by the end of 2013, it will be repaid by the end of 2013.

“.....”

The defendant shall lend the operating funds, such as office operating expenses, to the victim on February 2013 by the end of February 2013.

“.....”

However, in fact, it is not clear whether the defendant can receive KRW 2 billion even if he/she is transferred to a patent lawsuit, and furthermore, it was difficult to predict the result of the patent lawsuit, as well as in a situation where the defendant at the time had a debt of KRW 300 million related to D operation and the success of the project is unclear, so even if the defendant receives money from the victim by the end of 2013, he/she did not have the ability or intent to complete payment by the end of 2013.

The Defendant, as above, was issued KRW 1.56 billion over 24 times in total on March 6, 2013, including by deceiving the victim and receiving KRW 90 million from the victim on March 6, 2013, as well as by remitting KRW 90 million to the victim on March 6, 2013.

The defendant of "2015 Gohap 426" is the representative director of D in Geumcheon-gu Seoul Metropolitan Government H and the second floor, who is the employer of the previous workers in attached Form 2.

When an employee retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

However, the Defendant worked from D to D on May 20, 2013, and was employed by I on February 28, 2015.

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