A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant of "2017 Highest 3116" is the representative director of C in the third floor of the Gangnam-gu Seoul Metropolitan Government B building, who has employed four full-time workers and engaged in clothing import business.

The Defendant, from September 1, 201 to November 25, 2011, did not pay 12,986,110 won in total to four workers as well as 49,046,110 won in the attached crime list for D, who retired from the said workplace, as well as 12,986,110 won in total, from September 1, 201 to November 25, 201, until 14 days have passed from the date of retirement without an agreement between the parties on the extension

On July 21, 2011, the Defendant requested the victim F to borrow funds to pay the credit on the purchase price of clothes at the C office located in Gangnam-gu Seoul Metropolitan Government, Seoul, and made a false statement that “If an investment amount of KRW 2 billion is entered after one month, 2% of the company’s equity will be transferred immediately to the principal amount of KRW 5 million.”

However, even if the defendant borrowed the above money, he did not have the intent or ability to repay it, and it was not confirmed that 2 billion won was collected after one month.

The Defendant, as above, by deceiving the victim, received the total sum of KRW 30 million around July 27, 201, and KRW 20 million around July 28, 201 from the victim to the account in the name of C, and acquired it by deception.

Summary of Evidence

[2017 Highest 3116]

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

1. Each statement of G and H;

1. Written petition of D;

1. A true statement of the I;

1. Written statement of confirmation of overdue wages and details of arrears [23 ];

1. Partial statement of the defendant concerning the suspect in each police interrogation protocol;

1. Statement made by the police with regard to F;

1. The details, descriptions, and process of account transactions;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions, Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, Articles 347(1) of the Criminal Act, and Articles 109(1) and 106 of the Criminal Act concerning the choice of punishment (the point of fraud).