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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On July 1, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court for a violation of the Labor Standards Act, etc., and the judgment was finalized on July 9, 2014. On September 4, 2014, the Incheon District Court sentenced eight months of imprisonment with prison labor at the Incheon District Court for fraud, and the judgment was finalized on the 12th of the same month.
[2015dan857] around September 13, 2012, the Defendant would give the victim E a scrap metal coming from the factory “D Co., Ltd.” adjacent to the restaurant operated by the Defendant in Ssung City, to the victim E, and the scrap metal is produced at least 70-80 tons per month, and 50 million won per month is required as the operating expenses of the company. The Defendant would give the scrap metal coming from the company in the future at the first place.
The term "assumed" was referred to.
However, in fact, D was ordered to process the steel from the original contractor and supplied it again, and did not have secured the order of the steel processing from the original contractor. It did not hold ownership because it did not pay the amount equivalent to KRW 170 million out of the price of the machinery in the Defendant's factory, and even if it did not receive the money from the victim due to the excess of KRW 100 million, it could not be possible to actually collect the scrap metal even if it did not receive the money from the victim. In addition, D did not have any intention or ability to return the said money if it is impossible to do so.
Nevertheless, the Defendant, from the victim, 50,000 won to the Agricultural Cooperative (G) account in F on the same day, shall be the same year.
9. Around 21.20 million won in the above account, and 20,000 won in the Nong Agricultural Cooperative (H) account in D, shall be transferred as a deposit, and a total of 120,000,000 won shall be acquired through fraud.
[2015 Highest 1189] The Defendant is a person who operates D Co., Ltd. (hereinafter “D”) in C in terms of harmony, and D bears an obligation equivalent to KRW 600 million due to the expansion of new machinery, etc. between February and May, 2012, and its management has deteriorated, and it is time to pay wages to workers from June 2012.