Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2014 Highest 1048] The Defendant is the representative director of I established for the purpose of mechanical processing business, etc. (hereinafter “I”).
The Defendant received the advance payment from several buyers of scrap metal in the name of the Company I and did not supply the scrap metal any longer, and thereby making it impossible to conclude the scrap metal contract in the name of the Company I, the Defendant intended to acquire the said I’s employees by receiving the advance payment of scrap metal in actual operation of the new Company after establishing the new Company on the ground that the said I’s employees are representative directors.
Accordingly, AD was established on the ground that AC, who is an employee of the said I, was the representative director, and AM was based on the same ground that AM was the representative director.
The Defendant was supplied with iron plates from the companies, such as Sung Jin-Tex (hereinafter “Sengjin-Tex”) and Taebong-Tex (hereinafter “Seong-Tinex”), and mainly carried out the work of cutting, processing, and delivering them according to the production request of the above companies, and the scrap metal or scrap (hereinafter “Seong-Tex”) generated in the course of cutting, processing, and processing were the main supplier of the Defendant.
However, the ownership of the scrap scrap is in the original scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics
Accordingly, from March 201 to October 2012, about KRW 1 billion was among several buyers of scrap metal under the name of scrap metal, but most of them were not supplied.
In addition, the defendant paid 3.2 billion won to the employees from February 2012.