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(영문) 대구지방법원 2019.03.14 2018고단1850
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant: (a) was a person who actually operated (State)C that produces motor vehicle parts in G, Gyeongbuk-gun; (b) had been supplied with human resources from around July 2015 to around July 2017, the Defendant was found to have employed an illegal alien from the Daegu Immigration Office around August 29, 2017; and (c) had been forced departure of 13 foreign nationals working in C.

From June 2017, the Defendant was in need of additional human resources due to a large number of defective products. At the time, the Defendant had a debt of KRW 280 million, E Bank loans of KRW 250 million, including the Korea Technology Finance Corporation’s debts, KRW 20 million, and KRW 70 million per month from F, and even if the Defendant was paid KRW 70 million each month from F, the Defendant was in need of approximately KRW 42 million with labor expenses, KRW 25 million with interest on the above obligation of KRW 500,000,000,000 with labor expenses, and around August 2017, the Defendant paid interest on the above obligation of KRW 20,000,000,000,000 with KRW 50,000 to KRW 30,000 and KRW 30,000,000 to KRW 250,000,000.

Around August 25, 2017, the Defendant made a false statement to the effect that “The price for the supply of human resources would be approved on the 25th day of the following month” to G, who is an employee of the victim company, at the above (State) C Office.

However, as seen earlier, the Defendant did not have any intention or ability to pay the price even if he was supplied with human resources from the victim.

As above, the defendant deceivings the victim and belongs to it.

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