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(영문) 수원지방법원 여주지원 2020.01.21 2019고단633
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to three years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in Seoul High Court, and confirmed on December 1, 2016. On November 22, 2016, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Labor Standards Act at the Jung-gu District Court, which became final and conclusive on February 9, 2017.

The defendant of "2019 order63" is a person who has been operating the company as the representative director of B of a stock company.

1. Around May 19, 2014, the criminal defendant against the victim C requested the victim C to discount a promissory note (F.F. payment date: August 27, 2014) issued in the above B’s name, with a face value of KRW 70,000,000, issued in the above B’s name, to the victim C who was an employee of the above B via E.

However, the Defendant, from November 2013, issued a promissory note in an amount equivalent to KRW 3 billion or KRW 4 billion and operated the company’s funds with the discounted interest because of financial difficulties to the extent of being unable to provide employees with the company’s benefits. From April 2014, the Defendant had no intent and ability to pay the said promissory note even after the date of payment due to the lack of financial conditions in the above B’s financial situation due to the lack of good condition.

Nevertheless, the Defendant, as if he were to pay the above amount of the promissory note on the date of completion, deceiving the victim, and thereafter, transferred the amount of KRW 18.8 million out of the above amount of the discounted amount of the said promissory note from the victim, and received the said amount from the G Bank account in the name of the said B, and received KRW 35.8 million out of the above discounted amount from May 21, 2014 to the said G Bank account, and received delivery of KRW 5.6 million in total.

2. Around September 22, 2014, the Defendant: (a) requested a victim I, who is an employee of the said B, to discount a promissory note (e.g., electronic bill number: J, due date: November 22, 2014) with a face value of KRW 50 million issued under the said B’s name, to the victim I.

However, from April 2014, the Defendant is unable to provide the employee's benefits.

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