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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
"2018 Highest 2776" Defendant is a user who operates a C cafeteria located in B of Cheongju-si Office, and the victim D is a person who has worked as an employee in the said cafeteria from around December 2, 2017 to March 2018.
1. Around January 23, 2018, the Defendant concluded that “Around January 23, 2018, the Defendant would make a false statement to the victim stating that “I will pay a certain amount of money to the victim for a short time, but I will lend 2 million won to the victim on the following day.”
However, the Defendant had a personal obligation of approximately KRW 60 million at the time. From October 201 and November 201, the Defendant had already to pay the time limit of KRW 45 million up to August 2018 and until August 9, 2018, the Defendant had to pay the time limit of KRW 450,000 per month. Not only was the operating status of the restaurant was not good at the time, but also the Defendant had no intention or ability to pay the time limit of KRW 45,500,00 by using the time limit of KRW 4.5 million as repayment of other debts, etc., but also was able to use the money borrowed by the victim as the first repayment of other debts, etc., and to use the money borrowed by the victim as a new system or the repayment of the debt borrowed from other persons.
On the same day, the Defendant received a total of KRW 18,80,000 from the above date and time to February 2, 2018, including the receipt of KRW 2,00,000 from the victim as the borrowed money, and acquired it by defrauding the total of KRW 18,88,00,00 from the above date and time.
2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, at the above restaurant, worked for the period from December 19, 2017 to March 14, 2018, as wages of 1.6 million won on February 2, 2018 and wages of 1.688,00 won on March 2018, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.