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(영문) 서울중앙지방법원 2017.06.16 2017노1009
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles (1) as to the fraud against victimO of 2015 J. 4432, which the Defendant offered as security to the above victim is only the name of the defendant, and the actual employer was the defendant, and thus, the defendant did not have notified the above victim of the fact against the truth, and thus, the crime of fraud is not established.

(2) As to the fraud of each food material under Article 3 of the facts charged of "2016 Highest 6230, 2016 Highest 6231" and "201 Highest 6231", the Defendant did not receive food material from the beginning with the intention of deceiving victims, but had attempted to operate an enterprise with a very hotly high scale, but did not comply with the plan for investors or succession to bank obligations, etc., and in particular, it was impossible to make repayment inevitable due to external circumstances caused by the Sewol ferry incident, and therefore, the Defendant had the criminal intent to receive and acquire the said food material without the intent or ability to make payment.

It is difficult to see it.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the lower court in determining the fraud against victimO of 2015 Mad 4432, the lower court’s judgment that found the Defendant guilty of fraud in this part of the judgment below is justified, and the Defendant’s allegation on this part is without merit.

① According to the victimO’s legal statement, the Defendant borrowed KRW 10 million from Police OfficerO on March 201, 201, and transferred to theO a provisional registration right set up under BMW car and 145 on the first floor of the building in Soyang-gu P, Seoyang-gu P.

(2) However, the car above is the chief of the defendant.

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