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수원지방법원 안양지원 2012.09.25 2011고단1582
사기등
Text

A person shall be punished by a fine of 80,000 won, respectively, for the crime No. 2 of the judgment of the defendant with respect to the first crime.

Reasons

Punishment of the crime

1. The same year as the Defendant was sentenced to a suspension of execution for four months on June 29, 201 by committing a violation of the Korean Racing Association Act at an open support of the Suwon District Court on June 29, 2011;

7. The judgment became final and conclusive.

The Defendant was a person who operated the Gu D during Ansan-si, and was given a loan from the said “D” restaurant around January 20, 201, and the victim’s New Capital Co., Ltd. during the 48-month period when he/she was given a loan of KRW 72,048,00 as the purchase price of the vehicle on the same day by deceiving the victim as if he/she had the intent or ability to pay installment of KRW 1,909,840 during the 48-month period.

However, at the time of fact, the defendant did not properly operate the above restaurant and did not have any intention or ability to pay the installment properly even if he was given a loan from the victim due to the debt of 80 million won.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained a loan of KRW 72,048,00 from the victim and acquired it by fraud.

2. Violation of the Labor Standards Act (2012Sang536) The Defendant is an employer who employs 15 full-time workers as an employer of Ansan-gu D during the period of Ansan-si and operates a restaurant.

From September 29, 201 to December 31, 2011, the Defendant did not pay the victim E’s wages of the sum of the victim’s wages of KRW 1,80,800,000, total of KRW 2,516,810, and KRW 2,511 to December 31, 201, and KRW 1,716,810, and KRW 1,710, and KRW 810, from January 1, 201 to December 31, 201, of the victim F who had worked in the said place of business and retired from the said place of business to December 31, 201; the victim’s wages of KRW 716,810 from October 3, 201 to December 31, 2011; and the victim’s wages of KRW 30,300,301, respectively, within the agreed payment date;

Summary of Evidence

[2011 Highest 1582]

1. Partial statement of the defendant;

1. The police statement of H;

1. A complaint;

1. An installment financing agreement;

1. Records of judgment: Criminal records, etc.;