A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On August 23, 2016, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to a violation of the Labor Standards Act at the Cheongju District Court, and the judgment became final and conclusive on the 31st of the same month.

[Criminal facts] The defendant is the representative director of the (state)C located in the petition district B at the Cheongju-si.

At around 11:00 on December 8, 2015, the Defendant made a false statement to the victim D, who is an employee of the company, that “A joint guarantor is necessary for the lending company to obtain a loan from the lending company, and a joint guarantor is entitled to receive a loan over the company on or around February of the year, and thus, he/she becomes a joint guarantor to receive a loan.”

However, in fact, the Defendant was unable to pay wages to the employees of the company at the time due to the lack of profits for more than two years due to the difficulties in the management of the company at the time. The Defendant had already been unable to use small and medium-type loans in the form of loans obtained through “year years”, and there was no intention or ability to pay loans normally, such as using bonds through multiple loan companies and leading to excess of obligations.

The Defendant had the victim enter into a joint and several surety loan and dice loan and the joint and several surety contract, but did not repay the loan thereafter, the Defendant had the victim pay 10 million won of the joint and several surety debt to the above loan company, and had the victim pay 10 million won of the joint and several surety debt and exempted the payment debt.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Certificates of subrogated performance;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to relevant judgments);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act, the suspension of execution;