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(영문) 창원지방법원 통영지원 2016.05.18 2015고단827
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

around September 2014, the Defendant: (a) around the end of 2014, at the victim E-type house located in Gyeongnam-si; (b) around September 2014, the Defendant provided the victim and the victim and the land owned by the victim, including four parcels of land (hereinafter referred to as “the land in this case”) that the victim agreed to receive a donation from the victim’s father; and (c) sold the land in the form of an apartment business, he/she may reduce taxes, such as gift tax and income tax, if he/she sells the land in the form of an apartment business; (d) within 30 days after obtaining the authorization of the apartment business, he/she would be paid KRW 5 billion with the victim and the land owned by the victim as the land price for the land in question; and (d) concluded a contract on donation of the land in this case with the victim on October 20, 2014; and (e) obtained a loan from the victim on the land in this case to use the land as a collateral for disposal of the land in this case.

However, even if the Defendant borrowed money from the injured party, the Defendant intended to use it for repayment of the personal obligation of the Defendant unrelated to the apartment execution project, and there was no specific plan for the construction of the apartment. Moreover, there was a situation in which many people had been accused of criminal complaint and the disposition of suspension of indictment was made, and there was no intention or ability to pay the above land price of KRW 5 billion to the injured party through the apartment execution project, since it was thought that the Defendant would prepare all funds through the loan without any own capital for the apartment execution project.

As such, the Defendant, by deceiving the victim and deceiving the victim, is under the name of the victim on October 31, 2014.

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