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A defendant shall be punished by imprisonment for not less than eight months.
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
[criminal power] On June 30, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for violating the Labor Standards Act at the Seoul Central District Court on April 201, and the judgment became final and conclusive on November 12, 2016.
【Criminal Facts】
The defendant is a person who has operated artificial fisheries, etc. in Gangnam-gu Seoul J with the trade name of K Co., Ltd.
On February 16, 2014, the Defendant phoneed the victim L and resolved to the effect that “When an employee has suffered a significant loss in the course of running a business by wrong preparation of documents, M will bring about KRW 400 million.” The Defendant made a false statement to the effect that “a person who is M will complete payment within one month after resolving the shortage of KRW 50 million.” The Defendant again made the same year.
3. Around 28.28. In a false statement to the effect that “the president of the subcontractor shall not have to find and pay the price to the president of the subcontractor, and shall report to the Ministry of Labor. If the subcontractor lends KRW 10 million to the Ministry of Labor, he/she would make a false statement to the effect that he/she will make a lump sum payment of the borrowed money first from the beginning of the following month.”
However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would use it for the monthly wage of the smuggling employee, and did not have any situation to give money to M and resolve the problem. Moreover, the Defendant paid only part of the KRW 10 million from the victim to the subcontractor, and it was thought that most of the Defendant would be used as the monthly wage of the smuggling employee. As such, even if the Defendant was to borrow money from the victim because it is difficult for the employees to give a monthly wage and it is difficult to do so, and even if the Defendant was to borrow money from the victim as an individual without any special property, he did not have any intention or ability to pay it.
Nevertheless, as above, the Defendant made a false statement to the victim, and such statement constitutes KRW 50 million from the victim around February 17, 2014, and the same year.
3. A corporate bank in the name of the defendant, consisting of the sum of KRW 60 million, including around 28.20 million.