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(영문) 대구지방법원 영덕지원 2018.07.25 2017고단122
사기등
Text

The crimes Nos. 1, 2-A, b [2017 order 122] of the judgment of the defendant are punished by imprisonment with prison labor for one year and six months, and crimes No. 3, 4 of the judgment.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to a violation of the Labor Standards Act in the Daegu District Court Port Branch branch on the following grounds: on November 6, 2014, the Defendant was finally sentenced to a suspended sentence of two years;

On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law at the Daegu District Court on April 20, 2017, and the judgment became final and conclusive on the 28th of the same month.

[2017 Highest 122]

1. On April 10, 2013, the Defendant entered into a contract for the transportation of aggregates in the E office operated by the Defendant and the victim C (name after the opening of the name: F; hereinafter the same shall apply) with the E office operated by the Defendant on the racing-si on April 10, 2013, and the victim provided “a contract for the transportation of aggregates”. The Defendant would pay the victim the down payment of KRW 3 million to the victim first, and if the victim supplied the oil necessary for the transportation of aggregate.

“A false statement was made to the effect that it was “.”

However, in the course of operating E, the Defendant was in poor financial condition, such as failure to pay taxes such as value added taxes, and failure to pay wages, etc. to clients of drugs, etc. necessary for the production of aggregate and workers. Therefore, even if the Defendant received the down payment from the injured party and received the down payment, he did not have the intention or ability to pay the fuel.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) delivered KRW 3 million as the down payment on April 11, 2013 from the victim; and (c) did not pay the amount of oil equivalent to KRW 1,003,920 on the market price even after being supplied with the oil equivalent to KRW 1,003,920, the Defendant acquired property profits equivalent to KRW 4,000,03,920 in total.

2. Crimes against victims G;

A. A. On September 5, 2013, the Defendant entered into a contract for the production of crypted products with the victim G at the I Co., Ltd. (hereinafter “I”) office in the operation of the Defendant at P on or around September 5, 2013, and the Defendant entered into a contract with the victim G for “I.”

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