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Reasons
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(영문) 창원지방법원 마산지원 2017.04.26 2016고단1059
사기등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

On November 2, 2015, the Defendant agreed to pay KRW 350,000,000,000,000,000,000,000 as a total, when concluding a standard contract for the construction of factory site with the victim G Co., Ltd. and the Gyeong-gun, Gyeong-gun, Gyeong-gun, and two parcels of land, at the office of the Defendant’s (ju) office located in Haan-gun, Hanam-gun, Hanam-gun, to pay KRW 210,00,000,000,000,000,000 in advance immediately after the contract is concluded.

However, (State) EE had no sales or profit-making at the early stage in preparation for the business, and there was no other asset, and it was inevitable to pay the construction cost by receiving loans from financial rights. At that time, due to the decline in the shipping industry, the examination of loans from the entire shipping industry was strict and the rate of equity capital required in financial rights was higher due to the decline in the shipping industry. (State) E did not satisfy the terms and conditions of loans required by financial rights, and thus, E did not have an intention or ability to pay the construction cost normally even if the injured party completes the construction work.

The Defendant had the victim complete the construction work of the above factory site by January 10, 2016, thereby having the victim obtain pecuniary benefits equivalent to KRW 350 million, which is the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by the witness F in the fifth public trial records;

1. A protocol concerning the examination of suspect to the prosecution against J;

1. Statement made by the prosecution to K;

1. A criminal investigation report (attaching additional data to be submitted by a complainant agent);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment, conviction and reasons for sentencing concerning the crime;

1. In full view of the witness I’s legal statement, the suspect interrogation protocol against J, and each of the above evidence, the instant case.

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