A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal history] On October 12, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the Southern Branch of the Gwangju District Court for the South Sea Branch, and the above judgment became final and conclusive on December 22 of the same year.

[Criminal facts]

1. On July 5, 2010, the Defendant: (a) around July 5, 2010, entered into an installment contract with the victim Hyundai Capital Co., Ltd. on the condition that KRW 24,900,000,000 of the principal amount to be paid for the Cub car in the form of equal repayment of principal and interest for Cub car in 36 months each month; and (b) set up a mortgage on the said vehicle in the victim company on the same day.

Nevertheless, on January 2013, the Defendant borrowed KRW 10 million from F and provided the above vehicle as collateral and delivered it to the victim, thereby concealing the vehicle which became the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

2. The Defendant in violation of the Labor Standards Act is the representative of the H located in Gwangju Northern-gu, who runs a building business using four full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 8,520,000 won, including the wages of 2 million won and other money and valuables of 520,000,000 won of workers J, who worked from December 12, 201 to December 26, 2014 of the same year at the work site of the same time as in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement on the extension of the payment period for 4 workers, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K and J;

1. A written complaint filed by four persons, including J, and a list of petitioners;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

1. Relevant Article 323 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 109(1) and 36 of the Labor Standards Act (wages.)