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

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

Punishment of the crime

[2014 Highest 139]

1. On March 3, 2013, the Defendant, at the office of Gangseo-gu Seoul Metropolitan Government D Building 1401, promised the victim F, a printing business operator operating E, to approve the printing price of KRW 34,096,480 by April 30, 2013, and ordered the printed matters of early childhood education reporters equivalent to the above payments.

However, the defendant did not have the intent and ability to pay the price properly even if he received an order for printed materials as above because the financial situation of the company is too good.

Around April 20, 2013, the Defendant, by deceiving the victim, obtained the printed materials of early childhood education amounting to KRW 34,096,480 from the victim and acquired them by deception.

2. On April 2013, the Defendant issued an order for the printing work of the contents of early childhood education books, the amount of which is equivalent to KRW 18,519,600, to the above victim, at the place above the Defendant’s early April 2013. However, the Defendant did not have the intent and ability to pay the amount of printed materials properly due to the continuous corporate fund situation, such as the foregoing paragraph.

Around April 15, 2013, the Defendant, by deceiving the victim as such, obtained the printed materials of an educational book amounting to KRW 18,519,600 from the victim and obtained them from the victim.

[2014 Highest 754] The Defendant is an actual operator and a representative of “(ju) G” publishing company of infant books.

1. On March 11, 2013, the Defendant issued an order to print a publication book, etc. to the representative K of the victimized Company by J, which was acting for the said state’s work, on the part of the Defendant at HI office located in Mapo-gu Seoul Metropolitan Government, stating that “The Defendant will pay the price in cash for the period of five (5) months following the month in which the delivery was received.”

However, the defendant company at the time of fact excludes inventory goods held by it without any particular income or property.