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(영문) 의정부지방법원 고양지원 2016.02.16 2015고단2963
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

[criminal history] On May 28, 2015, the Defendant was sentenced to a suspended sentence of two years on June 5, 2015 to a crime of violating the National Pension Act in the Goyang Branch of the District Court of the Jung-gu District on the ground that he/she committed a violation of the National Pension Act.

[2015 Highest 2963 Criminal facts] The Defendant entered into a construction contract for telecommunications cables laid underground with the telecommunications company to the representative director of the telecommunications construction business company (ju), the Gu government D Construction site and the E Construction site at both sites, and requested each victim to perform the excavation work for laid underground telecommunications cables.

1. On July 2012, the Defendant would at the same time pay the user fee, etc. for the equipment when the Defendant would pay the victim F with the victim F at an influent place. The amount of the user fee, etc. for equipment is KRW 450,000 per day.

“A false statement” was made.

However, in fact, the defendant was unable to pay the wages and pension premiums of employees at the time, and was in arrears with taxes exceeding KRW 00 million, so even if he was provided with the scambling period from the injured party, he did not have the intention or ability to pay the amount.

Nevertheless, the Defendant, by deceiving the victim, did not pay the victim a total of KRW 10.6 million from July 2012 to February 2013, 2013, and did not acquire a pecuniary benefit equivalent to the same amount.

2. On February 2013, 2013, the Defendant would request the victim G to “work laid underground. The cost of equipment usage fees, etc. shall be KRW 4.50,000 per day, and the Defendant would pay the equipment usage fee, etc. at the same time when he/she collects money from a telecommunications company.

“A false statement” was made.

However, the Defendant, at the time, was unable to pay the wages and pension premiums of employees, was in arrears with taxes exceeding KRW 00,000, and was in the state of de facto deterioration of the financial situation due to H on August 1, 2012.

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