A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months imprisonment by the Ulsan District Court on November 19, 2015 due to a violation of the Labor Standards Act, etc., and the judgment became final and conclusive on February 6, 2016.

[Criminal facts] The defendant is a person who operates C.

On August 2014, at the F office operated by the victim E, a 13-dong 220, 13-dong 13-dong 220, the Defendant made a false statement, “If the Defendant made an investment of KRW 50,000,000 in the C, it would be paid KRW 2,00,000 per month until November 2014, KRW 3.5 million per month from December 2014, and KRW 6,00,000 per month from March 2015.”

However, at the time of fact, the defendant and the above C's debt were approximately KRW 600 million, and the above C had no specific profit-making profit, so even if receiving investment money from the injured party, there was no intention or ability to pay dividends or to guarantee the principal of the investment.

On August 26, 2014, the Defendant received from the injured party KRW 50 million under the pretext of investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A reply upon a petition for criminal investigation or a request for cooperation;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (Attachment to decisions related to this case) and statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing Article 39(1) does not restore damage caused by the instant crime, and the sentence of a sentence is inevitable as long as the injured person wants to be punished by the Defendant.

However, the fact that the defendant both recognizes and reflects the crime, and the crime of this case is to consider the equality in the case where the trial was held in relation to the crime of violation of the Labor Standards Act in the judgment that became final and conclusive and the concurrent crime after Article 37 of the Criminal Act. The age, sex, family environment, motive and circumstance of the crime, the means of the crime, and the means of the crime.