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(영문) 대구지방법원 포항지원 2018.08.23 2017고단64
사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the prosecution against violation of the Labor Standards Act is against each other.

Reasons

Punishment of the crime

[criminal history] On October 20, 2016, the Defendant was sentenced to a suspended sentence of two years on September 30, 2017 by imprisonment with prison labor for a special injury at the port branch of the Daegu District Court.

[2] Around December 8, 2015, the Defendant: (a) entered into a contract with the owner C to build D shop houses at KRW 200 million on a contract basis with the owner C around December 8, 2015; and (b) the owner C to build D shop houses at KRW 200 million on a contract basis.

On February 2, 2016, the Defendant had “H company” against the victim G who performs stone construction works in the mutual in the vicinity of the F middle school located in the north-gu E at the port of Ma.

The construction of a new commercial building is and is responsible for the construction of a new commercial building in the Northern-gu, Northern-si, and the construction of the building is completed after the completion of the construction of the building, and the construction cost of the building will be paid in KRW 14 million immediately after the completion of the construction.

“A false representation was made.”

However, the Defendant was not an employee of H Company, and at the time of the process of the construction, the Defendant was unable to pay the amount equivalent to KRW 4.62 million to the employees of (ju)B, who operated the Defendant, and even at the construction site, the Defendant did not properly perform the construction work even after receiving the payment of the construction cost of KRW 65.5 million even at the construction site, and even if the damaged party completed the construction, the Defendant did not have any intent or ability to pay the construction cost to the victim.

The Defendant had the victim complete construction of stone around March 16, 2016, and did not pay the amount equivalent to KRW 14 million.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

The defendant of "2017 Highest 557" was appointed from the J Certified Tax Accountants Office located in Mapo-gu, Mapo-si, Mapo-si on February 2015 to the victim K without suspending construction work. The defendant will complete construction work without suspending construction work.

“The purpose of “ was to make a false representation.”

However, the defendant also pays wages to the employees of the company he operated at the time.

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