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(영문) 울산지방법원 2017.11.02 2017고단2798
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to one year of suspended sentence for a violation of the Labor Standards Act at the Ulsan District Court sentenced to one year of imprisonment with prison labor for the violation of the Labor Standards Act, and the judgment became final and conclusive on the 15th of the same month. On July 5, 2017, the Defendant was sentenced to two years of suspended sentence for imprisonment with prison labor for the crime of forging private documents in the same court, and the judgment became final and conclusive on

1. In fact, the Defendant is in excess of the obligation due to loans, etc. by financial institutions, and the delinquent amount is equivalent to KRW 100 million and is a bad credit holder, and the company operating at the time is also in a hostile condition. The overdue wages to employees are equivalent to KRW 60 million, and there was no intention or ability to repay the overdue wages even if he/she borrows money for personal reasons, since he/she thought that he/she borrowed money from the injured party.

Nevertheless, on December 22, 2014, the Defendant issued the monthly salary of the staff of D(state) who is a domestic representative, to the victims of female-friendly job offering by telephone from the Ulsan-si Franchisium around 12:20 on December 22, 2014.

The phrase “to complete payment within two weeks from the loan of KRW 20 million” is false, and it received KRW 20 million from the injured party to the corporate bank account (E) under the name of the same day as the loan money, and acquired it by fraud.

2. In fact, the Defendant is in excess of the obligation with a financial institution’s loan, credit card payment, etc., and the delinquent amount is equivalent to KRW 310 million, the bad credit standing and the company run at the time is also in a hostile condition. The overdue wage to employees is equivalent to KRW 60 million, and the amount of the delayed payment is considered to be used as a repayment of personal debt, etc., and thus, there was no intention or ability to repay the amount even if the Defendant borrowed money from the injured party.

Nevertheless, the Defendant, at G coffee shop located in the Dong-gu, Ulsan-si on September 30, 2015, around 19:00, at G coffee shop located in the Dong-gu, Ulsan-si, Ulsan-si, the neighboring residents, “to start business at the o system, to seek staff accommodation, and to supply money to the employees.

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