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(영문) 수원지방법원 안양지원 2014.01.10 2013고단733
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Suwon District Court on the same year.

4. 5. The judgment was finally binding.

Around August 26, 2011, the Defendant, as an actual operator of D Co., Ltd. in C, said that “E,” a victim F, who runs the secondhand shop “E,” at the above D office, would make an offer of the corresponding scrap metal within five months at the face of the week.”

However, at the time, the above D had no raw materials from scrap metal or scrap metal at all, and the debt amount of 100 million won was reached, while employees’ wages also could not be purchased because the financial situation is not adequate to the extent that employees’ wages could not be paid properly. Therefore, there was no ability or intent to supply the victim with scrap metal equivalent to KRW 20 million.

The following day from the victim by deceiving the victim as above and deceiving the victim.

8. 27. 27. The Defendant, each of the corporate bank accounts in the name of D and the corporate bank accounts in the name of G managed by the Defendant, remitted the total amount of KRW 10 million, and acquired 20 million.

Summary of Evidence

1. Legal statement of witness F;

1. Copy of a statement of the results of transfer management;

1. Previous convictions in judgment: Inquiries, references, reports on the results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

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