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(영문) 울산지방법원 2018.11.01 2017고단3440 (1)
사기등
Text

Defendant

A Imprisonment with prison labor for three years, for four years, and for one year, for defendant C, respectively.

except that this judgment.

Reasons

Punishment of the crime

[Criminal Records, etc.] On May 18, 2017, Defendant A was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act at the Ulsan District Court on May 18, 201, and the judgment became final and conclusive on the 26th of the same month.

Defendant

B A is a person who is operating an agency business in the actual operation of the Dispute Resolution D and the Dispute Resolution Co., Ltd., and Defendant A is a representative director of the F of the Dispute Resolution Co., Ltd., and Defendant C is a person who is in charge of the affairs of the said Regional Housing Association as the chairperson of the Promotion Committee of the Regional Housing Association.

Defendant A is the representative director of the "F", who is an apartment sales agent.

Defendant

A around April 1, 2016, at the store for the operation of the victim H in Ulsan-gu, Ulsan-gu, the victim made a false statement to the effect that “I will pay money to the victim at the head office within one week if I lend 40,000 won of the amount to be used as the business fund, and will pay money at the head office within one week if I lend her money,” respectively, and on the 11th of the same month, I again made a false statement to the effect that “I will pay money at the head office within the same week if I lend her additional amount of KRW 40,000,000 won of the business fund.”

However, in fact, Defendant A was able to receive the sales commission from the head office in excess of 30% according to the terms of the contract, but even if the sales rate was lower than 7% per month, it was virtually impossible to make the sales rate exceeding 30% per week because the sales rate was lower than 7% per week. Furthermore, in the situation where Defendant A had to enter the volume of KRW 100 million per month only for personal expenses, the business fund was insufficient to the extent that employees’ wages are in arrears from March 2016. Since Defendant A was in a state of debt to the extent that financial loans are impossible any longer without other assets at the time, even if she borrowed money from the damaged party, there was no intention or ability to change it within one week.

Defendant

A. This.

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