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(영문) 의정부지방법원 2019.09.26 2019고단1190
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for ten months, for each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants of the 2019 Highest 1190 (Defendants) are those operating the household manufacturing chain C.

On October 2017, the Defendants conspiredd with the victim E at the F Office of the F Office operated by the victim E in the Namyang-si-si, Namyang-si, 2017, saying, “We will deliver steel products to the C household manufacturing company with our own independence, and then pay them at the end of the following month.”

However, in fact, the above C, which the Defendants jointly operated, was not in good financial condition due to the failure to pay the price in time to the business entity. Defendant B was in bad financial standing and was in a debt amounting to approximately KRW 30 million, and Defendant A was not in good financial condition. As such, Defendant A did not have any intent or ability to pay the price even if the goods were supplied by the victim, as well as there was no financial obligation equivalent to KRW 120 million.

In collusion, the Defendants: (a) by deceiving the victim as above; (b) obtained the supply of 615,000 won from the victim and acquired it by deception; and (c) received the delivery of 13 times the total amount of 87,135,000 won from the victim from October 26, 2017 to June 26, 2018 as indicated in the attached Table 1.

The defendant of "2019 Highest 3001 (Defendant A)" is a C representative in G in South-gu, Namyang-si, who is an employer who operates a manufacturing business with ten regular workers employed.

On January 1, 2018, the Defendant is serving as a member of the above company.

As indicated in the attached Table 2, including KRW 3,212,757 of H’s wage in August 27, 2018 retired on September 2018, it did not pay KRW 28,162,153 in total for four workers within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

"2019 Highest 1190"

1. Defendants’ respective legal statements.

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