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(영문) 서울중앙지방법원 2014.06.27 2013고단6277
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on June 201, and the said judgment became final and conclusive on April 13, 2013.

【Criminal Facts】

Around March 9, 2011, the Defendant called, “Around March 9, 2011, the Defendant sent a phone call to the victim F, and “A cosmetic export contract was concluded with the Defendant,” and the Defendant did not interfere with the production if the Defendant did not immediately pay cash to the lower-tier subcontractor, and the cosmetic production fund to be paid to the lower-tier subcontractor is insufficient, and the Defendant would receive the cosmetic export payment from the large-tier company within 1 to 2 months, thereby paying the cosmetic export payment.”

However, at the time, the Defendant was in a difficult situation, such as delayed payment of wages to the employees of the Defendant Company without any particular property or profits, and even if having received goods from the seller of the exported goods, it was intended to preferentially use the goods to pay to the customer and pay wages to the employees of the Defendant Company. Thus, even if the Defendant borrowed money from the victim, he did not have the intent or ability to pay the principal until

The Defendant received 100 million won from the victim under the name of the business bank account (number): G) in the same day from the victim.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness F;

1. Investigation report (a summary order, etc. issued against A Labor Standards Act as a suspect);

1. A monetary loan contract, each e-mail, letter of undertaking, and statement of passbook transaction (52 pages of investigation records);

1. Previous convictions in judgment: Criminal history records and investigation reports (suspects and reports on the violation of the Labor Standards Act due to unpaid wages);

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