준사기
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is engaged in Kim In-Saeng-gun E with the trade name “F”.
1. A quasi-Fraud Defendant against the victim G made a false statement to the victim G with low intellectual ability in the above “F” around October 2004, that “I would give 70-8 million won per month at our house, if I do work at our house.”
However, the defendant was aware that the victim was unable to exercise his right to claim wages normally due to the low intellectual ability, so the victim did not have the intention or ability to pay wages at the time even if he was the victim.
Therefore, the Defendant had the victim work from that time to February 18, 2014 from that time with the Defendant’s “F” from that time, but did not pay a total of KRW 92,781,919 as shown in the attached Table of Crimes (1) and did not acquire the same amount of monetary benefits.
2. A quasi-Fraud Defendant against the victim D made a false statement to the victim D with low intellectual ability in “F” on September 201, 201 that “I would give 150,000 won per month at our home, if you work at our house.”
However, the defendant was aware that the victim was unable to exercise his right to claim wages normally due to the low intellectual ability, so the victim did not have the intention or ability to pay wages at the time even if he was the victim.
Therefore, the Defendant had the victim work from that time to February 18, 2014 from that time with the Defendant’s “F”, but did not pay a total of KRW 31,440,959 as shown in the attached Table of Crimes (2) and did not acquire the same amount of monetary benefits.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. An interrogation protocol of the accused by the prosecution (including H and G statements);
1. Each legal statement of witness G and D;
1. Application of each police protocol of statement to D, G, and I
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 348 (1) of the Criminal Act selecting a penalty;
1. The former part of Article 37 of the Criminal Act among concurrent crimes;