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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is operating a salt farm (22,804 square meters) in Jeonnam-gun, Newan-gun D.
Around March 200, the Defendant made a false statement to the victim F at the Defendant’s home of the Danan-gun E, Jeonnam-gun, the Defendant stated that “I will give one million won each year if I worked in our salt farms.”
However, in fact, the defendant was aware that the victim was unable to exercise his right to claim wages due to lack of intellectual ability, and thus there was no intention to pay wages normally even if the victim provided labor.
Therefore, the Defendant had the victim engage in salt in the Defendant’s salt farm, and did not pay wages properly, and did not pay wages to the victim the sum of KRW 75,723,780 from July 7, 2007 to February 7, 2014, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Reports on internal investigation ( Results of clinical tests and assessment of mental health), and application of Acts and subordinate statutes to investigation reports (calculated of damage);
1. Relevant provisions of the Criminal Act and Article 348 (1) of the Criminal Act that apply to the facts constituting an offense and the choice of punishment. Article 348 (1) of the Criminal Act (Considering that the nature of the offense is not good, such as the selection of imprisonment and the falling of the victim’s intellectual ability, by making the 14 years salt farm in 14
1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreement with the victim, or a criminal record of a stay of execution or any heavier punishment);