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(영문) 수원지방법원 2015.09.24 2014고단3414
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant of "2014 Highest 3414" is the operator of C(State) and C(State) whose trade name has changed.

From around 2011, the Defendant was subject to criminal punishment on several occasions for a violation of the Labor Standards Act on the grounds of overdue payment of wages to the employees, while the Defendant produced a gold mold to be supplied to the business partners, such as raw material expenses, while the Defendant did not have the time of actual sales, and thus, the Defendant did not have the intent or ability to pay the price with its own ability even if he requested additional processing or received the raw material supply.

1. On or around June 30, 201, the Defendant made a false statement that “Notwithstanding the absence of the intent or ability to normally pay the price, the Defendant would obtain approval 45 days after the end of each month on the high seas” from the victim, despite having no intention or ability to normally pay the price to the victim F. However, even if the Defendant requested the processing of the gold parts, the Defendant did not obtain the payment equivalent to the amount of KRW 5,320,00 around June 30, 201; KRW 3,481,50 around July 30, 201; KRW 3,481,500 around July 30, 201; KRW 2,546,50 on August 30, 201; KRW 2,56,500 on September 30, 201; and KRW 13,913,90 on September 30, 2011.

2. Around September 20, 2012, the Defendant: (a) at the (main) D office located in Sungsung-si, the Defendant, despite having no intent or ability to pay the price, received the said price from the victim H, provided that the Defendant received the said price from the victim, he/she received the said price from the victim on a lump sum from September 24, 2012 to October 10, 2012, and acquired the said price by obtaining the delivery from the victim of plastic raw materials of KRW 20,900,000, total market price of the 19 tons of plastic raw materials from September 24, 2012.

"2014 Highest 5438"

3. The Defendant, around May 16, 201, at C Co., Ltd. in the operation of the Defendant, in the Sungsung-si around May 16, 201, imposed a penalty on the victim I.

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