A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[The records of concurrent crimes in the latter part of Article 37 of the Criminal Code] The defendant was sentenced to six months of imprisonment and two years of suspended execution on May 10, 2018 by the Gwangju District Court for violation of the Labor Standards Act. The above judgment became final and conclusive on June 11, 2018.

[Criminal facts]

1. On July 2016, the Defendant: (a) called the Victim P to “B, who is engaged in real estate auction business on a nationwide basis, making an investment of KRW 30 million in the real estate auction and sale business to B; and (b) paid profits therefrom, the Defendant would give the principal amount of KRW 30 million and KRW 3 million after three months after making a profit by doing the real estate auction and sale business.”

However, the Defendant did not use the money from the above victims for the auction and sale of real estate for the victim, but planned to use it for the business expenses of the “C” company operated by the Defendant, personal debt repayment, etc., so even if receiving the money from the victim, the Defendant did not have any intent or ability to pay the principal and profits.

The Defendant received from the injured party a transfer of KRW 20 million from July 7, 2016, and KRW 10 million from July 12, 2016 to Q account in the name of the Defendant, respectively, under the name of the Defendant.

Accordingly, the defendant was given property by deceiving others.

2. On June 20, 2017, the Defendant against S: (a) at the U coffee shop located in Gwangju-gu, Gwangju-gu; (b) stated that “A victim S manages Vs in the Republic of Korea from Co., Ltd., which he operates; and (c) if he/she receives money from B, he/she would transfer the said goods to B at the time of the auction.”

However, in fact, even if the Defendant received money from the above victims, he did not use the above remaining remaining Donyang-gun V land as a successful bid by auction, and was planned to use the company operation expenses of “C” and personal debt repayment, etc. which the Defendant operated, so the Defendant is the money in the name of the land successful bid price from the victim.