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(영문) 광주지방법원 목포지원 2015.02.05 2014고합196

영리유인등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is producing and selling sun-dried salt in Jeonnam-gun C without a specific trade name.

1. At around 17:00 on July 15, 2007, the Defendant: (a) introduced the Victim F (40 years of age) with intellectual disability 3 from Dong Ne residents E operating Kim Farming at the seat of the Neannam-gun, New-gun, Nannam-gun; (b) provided the Victim with suspicion that “I will pay money if I live at our house, I will do so, and I will pay money if I will do so)”; (c) taken the Defendant’s residence into the Defendant’s dwelling; and (d) taken the Defendant’s work at the seat of the Defendant’s operation from March 17, 2014 to the Defendant’s real control.

Accordingly, the defendant enticed the victim for profit-making purposes.

2. Quasi-Fraud Defendant: (a) inducedd the victim as described in paragraph (1) and made a false statement stating that “I would give money if I will give it with a great attendance of work.”

However, the Defendant was aware that the victim was unable to exercise his right to demand wages even if he provided labor, so there was no intention or ability to pay wages normally even if the victim provided labor.

Therefore, even if the Defendant had the victim work at the salt farm operated by the Defendant on July 2007, the Defendant did not pay 431,295 won (the minimum wage standard notified by the Minister of Employment and Labor) and did not pay 64,89,999 won as well as the remaining 64,89,999 won, out of the total amount of wages generated as shown in the attached crime list, by March 17, 2014.

As a result, the defendant acquired property profits equivalent to the above amount by using the mental disorder of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, I, J, K, and E;

1. Certificates of persons with disabilities, salt farm register, etc.;