A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the violation of the Labor Standards Act against D.

Punishment of the crime

[2014Gohap35]

1. The Defendant in violation of the Social Welfare Services Act is a person who actually operates the F, a social welfare foundation located in the Suwon-si E building 301 (hereinafter “F”).

Where a social welfare foundation intends to sell, donate, exchange, lease, provide security, or change the use of its fundamental property, it shall obtain permission from the Mayor/Do Governor.

Nevertheless, on September 1, 201, the Defendant arbitrarily terminated the deposit amounting to KRW 1,650,000,000 in Komato Savings Bank (hereinafter “instant term deposit”) registered in the articles of incorporation as the fundamental property of F, and transferred KRW 1,632,340,260 to one bank account in the name of F on the same day. On September 1, 201, the Defendant transferred KRW 1,607,00,000 from one bank account in the name of F to one bank account in the name of the Defendant or one bank account in the name of F on the same day.

Accordingly, the Defendant committed a change in the use of the fundamental property F, a social welfare foundation, without obtaining permission from the Mayor/Do Governor.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was in charge of managing the property of the damaged corporation as the operator of F.

On September 1, 2011, the Defendant terminated the deposit amounting to KRW 1,650,00,000, which is registered in the articles of incorporation as basic property of the victimized Corporation, and on the same day, transferred KRW 1,632,340,260 to one bank account under the name of the victimized Corporation for the purpose of the victimized Corporation.

On September 201, the Defendant embezzled the same amount for personal purposes by transferring KRW 1,607,00,000 from the account in the name of the Defendant in the name of a single bank account under the name of the Defendant, to the account in the name of the Defendant, or to the account in the single bank account in the name of the Defendant.

3. The Defendant, on January 10, 201, established H around August 9, 201, at the auction of the slaughterhouse and the meat processing factory located in six parcels, Chungcheongnam-gun, Chungcheongnam-gun, and on the other hand, around August 9, 201, registered I as the representative director, and actually registered H.