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(영문) 대구지방법원 서부지원 2015.06.19 2015고단452
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act in the Seogu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on February 13, 2015.

From July 2009 to April 201, 2014, the Defendant operated (ju) D, a company manufacturing and installing automated devices, in Daegu-gun, a company manufacturing and installing automated devices, and the victim (ju) E and the victim (ju)F are all kinds of companies manufacturing and parts processing, and the representative director of the said victimized company is G.

The Defendant, while operating the foregoing D, incurred a debt for the supply of unpaid goods to subcontractors up to KRW 3-400 million around December 2012, and around January 2013, the Defendant received a loan equivalent to KRW 100 million from the financial right to the company due to the shortage of company funds, and combined the loan with KRW 100 million that was borrowed to prepare the company’s capital at the time of incorporation, and borne a debt of KRW 200 million.

After that, even if the obligation for the supply price of the above D continues to increase, it was difficult to cover the obligation for the existing supply price or the obligation for the purchase of materials and personnel expenses of the relevant construction, even if the construction cost is received from the Han TM, and further, the Defendant received from the Han TM around September 2013, when he received the “H” construction from the Han TM, even though the estimated construction cost is equivalent to KRW 1.1 billion, the Defendant could not pay the said price even if he received the supply from the damaged company that is operated by G, even if he received the payment from the damaged company.

In fact, the Defendant received construction cost equivalent to KRW 1.7 billion from around August 2013 to April 2014, and consumed all of them, but it was difficult for the victimized company to pay the supply cost at all. On May 2, 2014, the total amount of the liabilities reported by the Defendant at the time of filing an application for adjudication of bankruptcy is equivalent to KRW 2.28,68 million, and the obligations of commercial transactions among them are equivalent to KRW 929,946 million, and the liabilities of the victimized company are equivalent to KRW 92,946 million.

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