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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around October 14, 2015, the Defendant: (a) supplied the victim F, the representative of E, “D” at the foregoing “D office,” with the trade name “D” from Gyeongnam-gun, public, and from around 2015; (b) provided that, “on the face of the week, the Defendant would pay the price without putting the price on the last day of each month.”
However, the defendant did not have any intention or ability to pay the price even if he purchases the paint from the damaged person.
Nevertheless, the Defendant obtained money from the injured party on October 15, 2015 through three occasions from November 3, 2015 to obtain money from the injured party, and acquired money from the injured party by obtaining a paint amounting to KRW 17,100,600 in total of the market price.
The Defendant, “2016 Highest 558, 2016,” was an employer who employs four full-time employees as a manager of the office and operates painting.
When a worker dies or retires, an employer shall pay him/her wages, and other money and valuables, within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the day for such payment.
Nevertheless, the Defendant, from November 15, 2014 to November 23, 2015, did not pay KRW 15,30,000 from the date of retirement within 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline.
Summary of Evidence
"2016 Highest 247"
1. Statement of the defendant in the third public trial records;
1. Statement made by the police with regard to F;
1. "Tax invoice for death in battle and a detailed statement of transactions" 2016 high group 558;
1. Statement of the defendant in the fourth public trial record;
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions and details of receipt of deposits;
1. Relevant legal provisions for facts constituting an offense, Article 347(1) of the Criminal Act for the choice of punishment (the fraud point), Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages), and the choice of imprisonment, respectively;
1. The aggravated Criminal Act for concurrent crimes.