Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant of "2019 Highest 5908" is a person who has operated C Cosmetics Southern Branch in the name of Jeonnam-B.
On July 7, 2017, the Defendant stated that “The Defendant would pay 20 billion won after 20 days if he borrowed 20 million won.”
However, in fact, the Defendant did not have any assets in bad faith and did not have any intent or ability to repay such assets even if he borrowed money from the victim, and was thought to be appropriated for the repayment of personal debt from the victim.
Ultimately, the Defendant, as such, by deceiving the victim, received KRW 65 million in total from the E Bank Account (F) in the name of Jeonnam, which the Defendant uses from the victim, to the E Bank Account (F) in the name of Jeonnam, 200,000 won, KRW 40,000 on July 31, 2017, and KRW 5 million on September 5, 2017.
The Defendant, as the actual operator of H childcare centers located in Namyang-si, Namyang-si, the Defendant is an employer who runs educational service business using three full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from March 1, 2013 to January 31, 2017 at the foregoing workplace and retired from the said workplace, and did not pay KRW 9,00,000,000 as wages of September 1, 2016, and the monthly wage of KRW 1,90,000,000 for November 1, 2016, and the monthly wage of KRW 1,90,000 for December 1, 200, and the monthly wage of KRW 1,90,000 for January 1, 2017, without agreement between the parties to the extension of the payment date.
Summary of Evidence
"2019 Highest 5908"
1. Examination of the accused's suspect's interrogation statement by prosecution;
1. Each police statement made to D and J with each police officer's investigation report (to hear statements by complainants) and the details of passbook transactions and D E bank transactions;
1. B specification of transactions of passbooks 1.