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.

Punishment of the crime

The Defendant is a person who produces sun-dried salt in the name of “E” in Jeonnam-gun D.

At around 1993, the Defendant, by using the victim G(60 years of age, remaining) that was entered the above “E” by Defendant’s father F (Death around November 1999), had the victim G (60 years of age, remaining) unable to normally exercise the right to demand wage payment while leaving the salt farm operated by the Defendant, had the Defendant engage in salt with its intellectual ability and take profits using the method of not paying wages.

The Defendant, around April 2007, did not pay the amount equivalent to KRW 77,791,460 as indicated in the attached Table of Crimes (1) from that time to January 2014, including the amount of KRW 786,480 (Calculation of the minimum wage amount published by the Ministry of Employment and Labor in 2007) that enables the victim to work in salt, and did not pay it from that time.

Accordingly, the defendant acquired property benefits equivalent to the above amount by using the mental disorder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of G;

1. Article 348 (1) of the Criminal Act applicable to the crimes and Article 348 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Application of the sentencing criteria [decision of types] The punishment criteria shall be applied to a person who commits a fraud (type 1) less than 100 million won (type 1) (the scope of a sentence of recommending punishment] imprisonment for not more than one year (the area of special mitigation): In a case where the punishment is not imposed or a significant damage is recovered;

3. Determination of sentence: Even if a person with a disability or a person lacking intellectual ability for two years of a stay of execution of eight months or more, any person shall be respected as a human being and treated as such;

The crime of this case refers to the fact that the victim lacks intellectual ability and is exposed to the suppression of long time and has fear to others.