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A defendant shall be punished by imprisonment for not less than one year and six months.
A public prosecution against the violation of the Labor Standards Act among the facts charged in the instant case.
Reasons
Punishment of the crime
On October 28, 2016, the Defendant was sentenced to one year, who was sentenced to imprisonment by fraud, etc. by the District Court, and the said judgment became final and conclusive on November 5, 2016.
1. Around September 10, 2015, the Defendant, “Around September 10, 2015, the 2016 Highest 3388,” made a false statement to the victim C that “a KRW 51 million is to transfer the right of operation of a bus E, owned by D, Co., Ltd., Ltd., a corporation with a substantial internal operation until October 21, 2015,” at the astronomical coffee shop located in 997, Gangdong-gu Seoul, Gangdong-gu, Seoul.
However, as the defendant did not own the bus, there was no intention or ability to transfer the ownership of the bus to the victim.
As such, the Defendant: (a) by deceiving the victim; (b) received KRW 100,00,000 from the victim to the account under the name of the stock company D for bus payment on September 10, 2015; (c) KRW 1,133,000 from the first intermediate payment around September 22, 2015; (d) KRW 6,00,000 from the second intermediate payment around September 23, 2015; (e) KRW 5,00,000 from the third intermediate payment around October 16, 2015; and (e) KRW 80,000 from the fourth intermediate payment around November 23, 2015; and (e) KRW 2,833,000 in total on six occasions from the remainder around November 27, 2015.
2. On September 10, 2015, the Defendant of the 2016 High Order 3569, the Defendant made a false statement to the victim G at the D office, a stock company run by the Defendant on September 10, 2015, that is, F and 204, decided to sell a car entering the district due to a lack of corporate circumstances; the price shall be KRW 50 million; and the amount shall be KRW 30 million shall be deposited in cash; and the amount of KRW 20 million shall be KRW 20 million shall be succeeded to a loan entering the district.
However, even though the defendant knew that the above vehicle's loan obligation is 297.8 billion won, he did not decrease and notify the victim of the loan obligation.
The defendant deceivings the victim as above and acquired 30 million won from the victim to the account in the name of the above company in the name of the defendant's operation and the account in the name of H designated by the defendant in the same day.
3. "2017 Highest 1108".