(영문) 의정부지방법원 2018.11.06 2017고단2151

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.11.06 2017고단2151

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

The Defendant is a person who actually operated B Co., Ltd., a clothing distributor, and the victim C Co., Ltd. is a company that imports and exports, manufactures, and sells subsidiary materials for clothing, board, and clothes. However, the facts charged are stated as “victim D.” However, the victim of the instant crime is C Co., Ltd., a representative director, and there is no substantial disadvantage to the Defendant’s defense. Thus, the victim of the instant crime is corrected ex officio.

(hereinafter the same shall apply).

1. On April 5, 2013, the Defendant issued an order to provide the victim’s representative director D with the amount equivalent to KRW 29,700,821,50,000, at the office of Jung-gu, Seoul, Seoul, the third floor F of E, the third floor F of the building, and the victim’s representative director D, “The Defendant shall pay the down payment of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000, around May 2013, 2013, and the remainder amount around July 2013, 2013.”

However, the Defendant was unable to operate a company in the name of the Defendant due to tax delinquency, etc., and did not hold funds to purchase goods. Therefore, even if he was supplied by the injured party, he did not have the intent or ability to pay the price in accordance with the contract.

The Defendant received 14,276,215 won from the injured party on May 9, 2013, as indicated in the attached list of crimes (1) from around that time to June 9, 2013, the Defendant received the delivery of 2,351 titts equivalent to KRW 157,397,390 in total five times from the injured party, as shown in the attached list of crimes (1).

2. On April 30, 2013, the Defendant ordered the Defendant’s clothing originals to the Defendant if “to supply the clothing originals to the said D, and to pay the price at the same time as the delivery,” at the place of the above paragraph 1, the Defendant ordered the clothing originals to the victim.

However, the defendant could not operate the company in the name of the defendant due to tax delinquency, etc., and purchased goods.

유사 판례

-수원지방법원여주지원 2020.10.28 2020고단51

-서울북부지방법원 2020.10.15 2020고단1770

-의정부지방법원 2019.05.16 2017가합54616

-서울중앙지방법원 2016.12.22 2015고단7295 (1)

-서울북부지방법원 2017.06.09 2017고정318