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(영문) 대구지방법원 포항지원 2017.12.14 2017고단1087
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On September 5, 2015, at the site of the new construction of officetels B in the north-gu, Northern-gu, the Defendant: (a) reported the Internet advertisement with the NAVber operated by the victim C; and (b) sent the phone to the victim the phone, and (c) installed a 2 set of primary stairs (i.e., re-way ethylene and 300m in diameter 1300m in diameter) in order to build a commercial building (office) on the E-site at the port. If the construction is completed, the Defendant would immediately pay the construction cost.

The phrase “the phrase was false.”

However, the Defendant started an officetel construction in the state of shortage of funds at the time and continued to perform various construction works after having to pay the construction cost on credit to other companies. Therefore, even if the victim completes the construction of the main stairs, the Defendant did not have any intent or ability to pay the construction cost immediately.

Accordingly, the Defendant, by deceiving the victim, had the victim install 2 bits of the original stairs in the above commercial building around September 17, 2015, and did not pay 6,160,000 won for construction work (including additional 560,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The part dismissing a public prosecution in consideration of the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] general fraud (less than KRW 100 million) / [1 month-1 year] mitigation area (person with special mitigation] / where punishment is not imposed or considerable damage is recovered [the decision of sentence], and the victim has agreed with the victim

1. Summary of the facts charged

A. On January 1, 2016, the Defendant violated the Labor Standards Act did not pay KRW 6,600,000, total amount of four workers as indicated in the schedule of the attached crime, including the wage in July 2015, which was retired from office around January 1, 2016, within 14 days from each retirement date without any agreement between the parties on the extension of the payment deadline.

(b).

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