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Defendant shall be punished by imprisonment for a term of one year and six months.
Of the facts charged in the instant case, violation of the Labor Standards Act regarding C.
Reasons
Punishment of the crime
On April 10, 2014, the Defendant was released on March 30, 2015 and the parole period expired on April 30, 2015 while he was sentenced to imprisonment for a violation of the Labor Standards Act by the Changwon District Court, etc.
"2017 Highest 336"
1. Fraud against victim D;
A. On July 13, 2015, the Defendant was guilty on July 13, 2015, at the F office located in E at the time of smuggling around 14:00 on July 13, 2015, to lend the amount of KRW 30 million to the victim by November 30, 2015.
“A false representation was made.”
However, the Defendant became a bad credit holder due to the failure of business operations in 2011. On March 30, 2015, the Defendant did not have any specific property after being released from the prison. Therefore, even if the Defendant borrowed the above money from the injured party, there was no intention or ability to repay the money within the agreed period.
Accordingly, the Defendant, as seen above, was urged by the victim to receive a total of KRW 30 million from the victim in front of his own check.
B. On April 6, 2016, the Defendant, on April 6, 2016, transferred KRW 100,000 to the victim by telephone at the construction site located in Pyeongtaek-si on April 6, 2016, and newly prepared a loan certificate for the borrowed loan borrowed prior to the face of the week by remitting KRW 100,000 to the victim by telephone.
“A false representation was made.”
However, the Defendant became a bad credit holder due to the failure of business operations in 2011. On the other hand, the Defendant had no intent or ability to repay the said money even if it was borrowed from the injured party, since the Defendant was in the state of the occurrence of the construction materials rent liability, wage liability to workers, etc. incurred while being awarded a contract for construction works, etc. on or around 2015.
Accordingly, the Defendant, as seen above, was accused of the victim and transferred KRW 100,000 to the Agricultural Cooperative Account (H) in the name of G from the victim.
2. On July 2015, the Defendant against the victim I provided meals to the employees employed by the Defendant at K “K” located in the J in the smuggling operated by the victimized person.