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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 becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as the actual operator of C and D for the purpose of collecting and selling aggregate, made a false statement to the victim F at C’s office located in Gongju-si, publically, around July 2012, that “I will pay KRW 2.5 million per month if you work in the aggregate extraction area.” On September 2012, the Defendant made a false statement to the victim that “I will pay the victim the purchase cost, etc. of parts of the aggregate screening machine on behalf of the victim for the purchase cost, etc. of parts of the aggregate and make a repayment immediately after receiving the cost of aggregate production.”
However, in fact, the above company operated by the defendant could not have actually been imported because of serious financial difficulties, so even if the victim F and G were employed as a aggregate producer's or an internal restaurant, there was no intention or ability to pay wages or to reimburse the expenses for the operation of the defendant's operating company, even if the victims paid the expenses by proxy.
Nevertheless, even though the Defendant deceiving victims as above and had the victim FF work at the aggregate extraction place, the Defendant did not pay wages of KRW 6,250,000 from July 26, 2012 to October 11, 2012, and did not acquire the same pecuniary benefits. From around that time to October 28, 2013, the Defendant acquired the pecuniary benefits equivalent to a sum of KRW 65,147,834, as shown in the separate list of crimes, from around that time to October 28, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Each statement made by G and F in the suspect examination protocol of each prosecution against the accused;
1. F’s written statement by the prosecutor’s office (F, from the prosecutor’s office to this court, the status of the Defendant from the prosecutor’s office to the prosecution, the details of the Defendant’s deception, the details of the amount of damages, and the details of the use of the amount of damages, etc. relatively objectively and consistently stated the F’s written statement. The Defendant’s factual confirmation (F, A, and recording) involved in the Defendant’s own preparation