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(영문) 광주지방법원 목포지원 2015.02.02 2014고단1965
준사기등
Text

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

From April 1, 2013, the Defendant had been operating “D salt farms” operated by the father C of the Defendant in Jeonnam-gun, Jeonnam-gun.

1. A quasi-Fraud Defendant made a false statement to the victim F, who had been induced for profit in accordance with C by the former, Newannam-gun E around April 1, 2013, that “I would give monthly pay if he/she continues to engage in salt farms.”

However, in fact, the Defendant was aware that the victim was unable to exercise his right to claim wages normally because the victim was unable to exercise his/her right to claim wages due to the lack of his/her ability to distinguish from others, so the victim did not have

Therefore, the Defendant had the victim work at the Defendant’s salt farm from April 1, 2013 to February 20, 2014, and did not pay a total of KRW 1,184,79,000 as shown in the attached Table of Crimes, thereby acquiring the same amount of pecuniary benefits.

2. No person who violates the Act on the Protection and Support of Missing Children, etc. shall protect such missing children, etc. (including intellectual disabilities prescribed by the Act on Welfare of Persons with Disabilities) without filing a report thereon with the chief of a police office without

Nevertheless, around April 1, 2013, the Defendant, without reporting to the chief of a police office, provided a intellectual disabled person F (intelligent Index 65, Grade 3 with intellectual disabilities) released from his/her guardian, going to the new Military E, N, and protected the Defendant’s salt farm by February 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Statement made by the police with H (a copy)

1. Application of Acts and subordinate statutes of a clinical and psychological evaluation report (Evidence No. 201 pages of evidence);

1. Relevant provisions of the Criminal Act and Articles 348(1) (Quasi-Fraud) and 17 and 7 of the Act on the Protection and Support of Missing Children, Etc. (the point of protection without reporting and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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