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(영문) 창원지방법원 2015.04.17 2014고단2487
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the violation of the respective Labor Standards Act against victims C and D.

Reasons

Punishment of the crime

[2014 Highest 2487]

1. Around 14:00 on December 30, 2013, the Defendant made a false statement to the victim G at the (State) F Office operated by the Defendant in Kimhae-si, stating that “The Defendant will supply scrap metal from the factory if the Defendant would pay KRW 50 million as advance payment.”

However, even if the defendant received advance payments, he did not have the intention or ability to supply scrap metal to the victim.

The Defendant received a total sum of KRW 50 million from the victim, i.e., KRW 20 million from the victim to the Busan Bank Account in the name of (H)F, and KRW 30 million from the above account on the 31st of the same month.

2. On January 8, 2014, at the same place as the preceding paragraph, the Defendant made a false statement to the said victim stating that “There is a provision of a 550,000 foot contract, and the said victim is entitled to receive money within one week. When the said money is paid back, the Defendant made a false statement.”

However, the Defendant had a debt equivalent to about 60 million won at the time, and even if having borrowed money from the victim, such as bearing interest liability of 35 million won each month, there was no intention or ability to repay it.

The defendant acquired 25 million won from the victim to the Busan bank account in the name of (F) in the name of (2) in the name of the victim.

[2014 Highest 3249] On January 2014, the Defendant concluded that “I would pay in cash at the end of the following month when delivery of parts, such as V,” with the name of “I” from the (State) F Office operated by the Defendant at the early Kimhae-si, the Defendant made a false statement to the victim JJ operating material wholesale and retail business.”

In fact, however, there was no intention or ability to pay the price even if the victim receives parts from the victim, such as that the victim bears obligations equivalent to about 60 million won at the time.

The Defendant, at around the 8th day of the same month, was supplied with parts, such as 569,179,000 V at the market price at the above office at around the same month, from that time, from that time.

3. Attached Form until March 31.

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