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(영문) 춘천지방법원 속초지원 2019.01.09 2018고단91
근로기준법위반등
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 January 1, 2018, the Defendant made a false statement to the victim D, within the Cpenta City located at the end of Sinsi, to the effect that “When the repair work of Cpenta is performed, the Defendant would have to attach it.” However, the Cpenta shall be purchased in advance, as the price of the Gu administration expires, and the price of the Gu administration is increased. The Defendant purchased the construction work at the face of the Gu administration, and the Defendant would immediately start the construction and make the repair work after the completion of the Gu administration.”

However, even if the defendant receives the construction cost from the victim, the defendant did not have the intention or ability to do the crypium construction work.

Nevertheless, the Defendant, as a matter of contract payment from the victim, is the victim's KRW 10 million on February 5, 2018, and the same year.

2. 8.16 million won has been transferred to Defendant E AccountF on two occasions, including KRW 26 million.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of D;

1. Application of the Acts and subordinate statutes on a written estimate, a written explanation of performance, a written waiver of construction, a written explanation of payment, and a copy of the passbook submitted;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is recognized to commit the crime, the defendant has no previous penalty, there is no record of punishment exceeding the fine, and even though the maturity date which was promised from the investigation stage exceeds the maturity date, the damage has not been paid up to now, and the punishment as ordered shall be determined by taking into account all the conditions of sentencing, including the defendant's age, character and conduct, environment, circumstances of crime, means and result

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