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(영문) 울산지방법원 2017.05.18 2017고단581
사기
Text

Defendant

C. The defendant B shall be punished by imprisonment with prison labor for seven months and by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

C On September 21, 2016, the Ulsan District Court sentenced the imprisonment of one year and six months for fraud, etc. on September 21, 2016, which became final and conclusive on December 3 of the same year.

[2017 Highest 581] Defendants established H for the purpose of dispatching domestic and foreign human resources around April 29, 2015, and established J (hereinafter “J”) around May 2015 to jointly operate the said two companies.

In the situation where the initial operational expenses of the above J are insufficient, the Defendants conspired to use money from the victim BU, the same BV, and B as the above I’s operating funds, which were employed in establishing the above J, in the context where the Defendants could not seek business funds, such as the delayed payment of wages, from the private business chain I operated jointly by the Defendants.

In May 24, 2015, the Defendants entered the above J Office in Ulsan-gun P, Ulsan-gun P, with the victims “at present, J has been working in the early stage, and there is also a lack of inspection to the company.

If a project is being carried out in the future and is expected to be repaid, it would be paid preferentially. It would be false that it will be repaid by the end of August.

However, the Defendants, at the time of the above I’s 32 employees, paid approximately KRW 45 million to the above I’s 32 employees, and Defendant C paid approximately KRW 300 million personal debt. Defendant C did not have any property under the name of the Defendants and did not specify any income, and used the amount equivalent to the funds of the above I’s operation, rather than the above J, and there was no intent or ability to pay the money even if they borrowed money from the victims due to the lack of sales or profits of each of the above companies operated by the Defendants.

Defendants, from the victim BV, KRW 20 million in around 30,000,000,000 from the same month; and

6.3. Around the 4th of the same month, the sum of KRW 13 million from the Victim BW and KRW 53 million from the Victim BU around the same month and around the 4th of the same month, H.

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