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(영문) 대구지방법원 안동지원 2018.04.20 2017고단327
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, violation of the Labor Standards Act.

Reasons

Punishment of the crime

"2017 Highest 601"

1. Fraud;

A. On September 2, 2015, the Defendant, at the E office located in D at the permanent residence of the Republic of Korea on September 2, 2015, intends to transfer the victim C to the victim C for the purpose of performing the Franchising-gun Franchising-gun, the construction cost at the construction site is required. The cash is loaned to the victim C within three to four days, and if it is not repaid within three to four days, it will be transferred to the said loan (transfer to the Dong) 401 as a substitute repayment.

“A false statement” was made.

However, the Defendant had no particular property at the time, and there was a debt of KRW 240,00,000 to G for the above loan construction, and KRW 650,000,000 to the Daegu Credit Cooperative. Since the Defendant was unable to pay wages to employees of the construction company, the Defendant did not have any intent or ability to pay money within 3-4 days even if he borrowed money from the victim.

In addition, even if the defendant did not pay money to the victim, he did not have any intention to transfer (on the other hand) No. 401 as the substitute repayment.

As such, the Defendant deceiving the victim, and deceiving the victim, and 30 million won through the Agricultural Cooperative Account in the name of the Defendant, Co., Ltd. in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

4. Through the above account, the money was remitted in total of KRW 10 million and KRW 40 million and acquired through the above account.

2) On February 5, 2016, the Defendant calls to the Victim C, and “Around February 5, 2016, the Defendant wishes to lend money to the business entity for a personal gift to the business entity under his/her name to a few million won, and at the same time, he/she borrowed money with the amount of KRW 40 million at the last time when he/she borrowed money.

“A false statement” was made.

However, the Defendant had no particular property at the time, and there was a debt of KRW 240 million against G for the above loan construction and a debt of KRW 650,000 to the Daecheon Credit Cooperative, and the Defendant operated.

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