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A defendant shall be punished by imprisonment for not less than eight months.
The prosecution against the violation of the Labor Standards Act among the facts charged in the instant case is dismissed.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the livestock industry in purchasing rice straw and engaging in returning.
On March 4, 2015, the Defendant found the victim C with the arguments located in the Sinsan-si B on March 4, 2015, and transferred the rice straw to the account immediately after the supply of rice straw.
“.....”
However, in fact, the Defendant had already received advance payment from other trading companies in relation to the supply of rice straw, and was in a state in which the Defendant had no ability to pay the rice straw, so even if the Defendant received and sold rice straw from the victimized party, the Defendant could not immediately transfer the rice straw to the victim.
As above, the Defendant: (a) by deceiving the victim as above, received 24 rice straws worth KRW 960,000 in the market price on the same day; (b) supplied 1,556 rice straws worth KRW 62,240,000 in the market price from around that time to around 25th of the same month; and (c) did not pay the remainder to the victim KRW 36,240,000 in the market price.
Accordingly, the defendant 36,240,000 won earned property benefits.
"The value of the article on the face of the victim E" will be included in the passbook in the face of the victim E at around March 3, 2014, the defendant of "2015 Highest 466".
“.....”
However, due to the aggravation of management at the time, the Defendant had already been in a state of more than KRW 90 million, and there was no intention or ability to pay the price even if he/she receives rice straw from the injured party without any special property.
Nevertheless, the defendant deceiving the victim as above and acquired 432 rolls from the market price of 15,484,000 won.
The defendant of "2015 Godan 533" supplied the victim's rice straw at the victim H's issue near the F G of the Gyeong-gun, Y not in the Gyeongnam on January 2015, and then she supplied the straw straw to the victim.