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(영문) 광주지방법원 해남지원 2018.04.26 2017고단430
준사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to a suspended sentence of ten months for special injury in the Southern Branch of the Gwangju District Court on October 26, 2017 and the judgment became final and conclusive on November 3, 2017.

On March 3, 199, the Defendant succeeded to the Kim-type fishing right from the father C (Death on September 5, 2015) and resided in the south-west-gun D, Namnam-do, and was engaged in the victim E (I Q 34 et al) who was a person with intellectual disability that C was living in around September 1989, and was engaged in the Kim-type business.

1. Quasi-Fraud and violation of the Welfare of Disabled Persons Act: (a) the Defendant, on March 199, used that the victim did not exercise his intellectual ability and could not exercise his right to claim normal wage payment; (b) the Defendant did not pay the victim’s wages of KRW 344,650 (minimum wage publicly notified by the Ministry of Labor in 1999) from that time to June 2017; and (c) did not pay a total of KRW 182,104,020 as indicated in attached Table No. 1, as stated in attached Table No. 1, thereby obtaining economic benefits equivalent to the same amount, and at the same time, engaged in unjust profit-making by using disabled persons.

2. A quasi-inception Defendant, using the fact that the victim was unable to understand the meaning of the loan due to lack of intellectual ability, was able to use the loan in the name of the victim from a financial institution. On February 9, 2010, at the office of the branch office office of the Suwon-gun, the Nam-gun, the Nam-gun, the Namnam-gun, Seoul Special Metropolitan City (2-4), in order to have the victim prepare an application for the loan and a written agreement on loan transaction in the name of the victim and submit it to the F who is an employee in charge of the loan, and received from the Suhyup-gun, the remittance from the date to May 8, 2015 as well as the transfer from the date to the flood bank in the name of the victim using the defendant for the loan amounting to KRW 19,618,00,00 for the loan.

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