(영문) 광주지방법원 목포지원 2015.01.22 2014고단1566

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2015.01.22 2014고단1566

준사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates a sun-dried salt farm in Jeonnam-gun C, and produces and sells sun-dried salt.

Around December 2005, the Defendant introduced the Victim F from a female with no knowledge of the name “E” in the above D Salt War, and subsequently made a false statement to the effect that “I will drink at our home to drink, return to drink, and pay monthly pay to the victim, as if I would normally pay the victim wages.”

However, in fact, the defendant was aware that the victim was unable to exercise his right to claim wages due to the lack of his ability to distinguish wages, so there was no intention or ability to pay wages normally to the victim.

Therefore, from December 31, 2005 to June 20, 2014, the Defendant had the victim work in the Defendant’s salt farm, rice field, and dry field, and did not pay a total of KRW 9,407,513,000,000 as stated in the attached crime list, thereby acquiring the same amount of pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F and G (including copies thereof);

1. On-site reports (for a specific period of work for the victim),

1. A report on internal investigation (Attachment of a victim's medical certificate), - Application of the relevant statute of limitations;

1. Relevant Articles of the Criminal Act and Article 348 (1) of the Criminal Act concerning the punishment, and the reasons for sentencing;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. In light of the content of the statement and the degree of attitude of the victim's investigative agency to decide a sentence, the victim seems to have agreed with the defendant while understanding the legal meaning of the agreement.

However, even if the victim's ability to work is somewhat low, in light of the period during which the victim worked in the Defendant's salt farm, it cannot be deemed that the victim has sufficiently recovered from damage.

참조조문

-형법 제348조 제1항

유사 판례

-광주지방법원 목포지원 2015.02.02 2014고단1965

-광주지방법원 목포지원 2014.12.24 2014고합155

-광주지방법원 목포지원 2014.10.16 2014고합57

-광주지방법원 목포지원 2015.02.16 2014고합219

-광주지방법원 목포지원 2014.09.25 2014고합74