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(영문) 서울남부지방법원 2020.05.14 2019고정1529
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The complainant B is a person who operates the "D" placement service located in Gangdong-gu Seoul Metropolitan Government, and the defendant A has been in charge of the E work in the event of Gyeonggi-do.

Defendant

A On July 9, 2012, around July 9, 2012, telephone conversations with “D” operated by the complainant, and “I will take charge of E in the event of Gyeonggi-si. I will pay personnel expenses on the 10th day of the following month on the face of the week by providing human resources.” The Defendant requested the complainant to provide human resources, the complainant supplied human resources to the Defendant, and traded in a way that the personnel expenses, etc. are settled by the Defendant on the designated date, after paying personnel expenses

(B) The police statement statement of the police against B was 3-4 pages) and the statement was false.

However, the defendant did not have the intention or ability to pay personnel expenses to the complainant even if he received human resources from the complainant.

Nevertheless, the Defendant, on July 10, 2012 and September 27, 2012, acquired financial benefits by means of having the complainant receive human resources equivalent to KRW 8,65,000 from the outside F, etc. of the instant case, who worked in D from around July 10, 2012 to around September 27, 2012, on a total of 13 occasions, from the outside F, etc. and allowing the complainant to pay labor

In addition, the defendant, even though he did not have the intention or ability to pay money to the complainants on October 10, 2012, telephone conversations with the complainants, and "on-site equipment tax is required." On the following day, if you send equipment tax, he/she shall pay 80,000 won to the complainants under the name of Nonghyup G account."

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement of statement, confirmation of work and application of the law of the written request;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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