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(영문) 청주지방법원 제천지원 2012.03.08 2011고단997
사기등
Text

Defendant shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment for two years and six months with prison labor for the crimes of No. 2 as stated in the judgment.

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for violating the Labor Standards Act in the Cheongju District Court Support Act, and the judgment became final and conclusive on the 13th of the same month.

1. The crime before the judgment becomes final and conclusive [the part of the 201st class 97 and the 201st class 1631] Defendant was unable to pay KRW 100 billion due to its obligation such as its loans, etc. from around 2001 to around 2001, and auction was commenced on the company’s factory and land from around 2005 to around March 17, 2007, and there was an auction on the above company’s factory and land. In addition, there was an amount equivalent to KRW 250 million, and there was difficulty in operating its business due to its personal debt amounting to KRW 200,000,000, which was registered as a bad credit holder in the financial institution, around March 2006, and the representative director was established under the name of D Co., Ltd. and operated under the name of the Defendant, and the actual operation was not paid to the company employee amounting to KRW 21,524,000,00.

Therefore, even if a person receives steel products from others or receives a contract for construction works, it was difficult to pay goods to others at the time or perform construction works properly, he/she has received some of the materials or construction works from others to temporarily repay his/her debts, and used them to prevent the defendant from returning his/her debts.

On January 20, 2007, the fraud Defendant against the victim F made a false statement to the effect that “The victim F would deliver steel products to the victim F, and receive and pay all of the cost of construction.”

However, even if the material was supplied by the victim, there was no intention or ability to pay the material in time.

The Defendant’s false statement to the victim and received steel products equivalent to KRW 26,798,860 at the market price from the victim as well as the supply of KRW 40.526 tons from around that time to January 27, 2007 as shown in the annexed List 1.

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