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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2014 Gohap61"
1. On December 2007, the Defendant: (a) was a person operating the “D salt farm” in Jeonnam-gun, Nannam-gun; (b) was approaching the victim E (E) with the intelligence index 76, and social index 56, which was seated in the Wannam-dong, Yannam-dong; and (c) had a mind to work in the salt farm using the victim’s low mental condition under his/her own actual influence.
The Defendant told the victim that “I wish to see that I will work in the salt farm, and will pay 500,000 won monthly pay.” The Defendant left the victim to the Defendant’s house in the above C by suspicioning that I would normally pay wages.
From December 2, 2007 to February 9, 2014, the Defendant: (a) had a mental retardation situation; (b) had no guardian; (c) had the victim do work in his/her salt farm; and (d) induced the victim for profit by having him/her do his/her own house.
2. A quasi-Fraud Defendant, using the fact that the victim E lacks the victim E’s ability to distinguish and make decisions due to low intelligence, committed as if he did not have the intent or ability to pay normal wages to the victim and had the victim do work in the salt farm operated by the victim and take the work into consideration the labor force.
Around December 2007, the Defendant, as described in paragraph (1), made a false statement to the victim “I wish to pay 500,000 won per month as to whether I think I think I will see in salt farms.”
Therefore, the Defendant did not pay the victim the amount equivalent to KRW 77,703,040 (based on the minimum wage published by the Ministry of Employment and Labor on June 9, 2008 and the minimum wage amount published by the Ministry of Employment and Labor) that the victim should pay to the victim from January 2008 to February 9, 2014.
As a result, the defendant acquired property profits equivalent to the above amount by using the mental disorder of the victim.
(i) the evidence;