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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On August 10, 2013, the Defendant made a false statement to the victim D at the construction site of New Borrowing in Seo-gu Incheon, Seo-gu, Incheon, that “I would give KRW 100,000 per day per week at the construction site” to the victim D.
However, in fact, the Defendant was in bad credit standing with a debt equivalent to KRW 50 million, and was used to pay his/her debt with a debt, and thus, he/she did not have the intent or ability to pay his/her wage even if he/she received the advance payment from the original company.
Nevertheless, the defendant deceiving the victim as above and let the victim work in the above construction site for 28 days from that day to December of the same year, and acquired the victim's pecuniary profit equivalent to 2.8 million won of the wage.
2. On June 15, 2014, the Defendant made a false statement to the victim at the new housing construction site located in Yongsan-gu Seoul Metropolitan Government, stating that “The victim will give KRW 1.50,000 per day per week on the site of the construction site.”
However, in fact, the Defendant was in bad credit standing with a debt equivalent to KRW 50 million, and was used to pay his/her debt with a debt, and thus, he/she did not have the intent or ability to pay his/her wage even if he/she received the advance payment from the original company.
Nevertheless, the defendant deceiving the victim as above and let him work at the construction site on that day, and acquired the pecuniary profit equivalent to 150,000 won of the wage.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant has obtained pecuniary benefits equivalent to wages by repeatedly deceiving the victim.