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(영문) 대구지방법원 포항지원 2017.10.25 2017고단815
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a maintenance and manufacturing processing chain in the north-gu, Northern-si, Ma.

On January 2009, the Defendant concluded an employment contract with the victim and employed the victim orally with the victim F, stating that the victim F would be 1.5 million won per month salary or per day if he/she would help B and perform the work.

However, in fact, the Defendant was aware of the fact that the victim was a foreign employee of Chinese nationality who was illegally staying in China and was not in a particularly visible place except the Defendant’s factory and was unable to exercise his right to pay wages due to alcohol addiction, etc. The Defendant was unable to properly exercise his/her right to pay wages. The Defendant had no intention or ability to pay wages even if he/she employs the victim because he/she was in a situation where he/she had a duty to pay 10 million won without any special property or income

The Defendant, from the above day to July 2014, had the victim provide labor such as the transportation of pipes and other things, and did not pay a total of 7.6 million won of the agreed wage in the above E, thereby acquiring pecuniary profits equivalent to the same amount.

2. Defendant B is a person who operated a brasss brasss brasss sss ss ss ss ss s ss ss s

On August 2014, the Defendant concluded an employment contract with the victim and employed the victim by stating that the victim F would be 1.5 million won of monthly salary at the victim F’s public room at the above H public room.

However, as seen above, the Defendant was aware that the victim was a foreign employee who was in a state of illegal stay, and not only did not have any particular place except the Defendant’s factory, but also did not exercise the right to pay wages due to alcohol addiction, etc. The Defendant was unable to properly exercise the right to pay wages. The Defendant also was an individual obligation, such as bonds with more than 10 million won without any special property or income.

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