beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2015 Highest 2543] The defendant is the representative of D in Ulsan-gun C, the head of Ulsan-gun, who ordinarily employs 45 full-time workers and operates a vessel vessel processing business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the defendant worked in the above workplace from May 2, 2015 to May 20, 2015 and did not pay 45,702,00 won in total, including 2,044,00 won in wages, other money, etc. of retired workers E, as stated in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
[2015 Highest 2950] On February 2, 2014, the Defendant made a false statement to the effect that “The Defendant would engage in business activities for the Company by using two vehicles on the lease of two vehicles to B in the name of the State F, where the vehicle rent is to be paid within,” to G of the victim (State).
However, in fact, the Defendant had a bad credit standing of KRW 180 million at the time, and there was no certain property or income, and there was no intention or ability to pay the lease fee even if the Defendant used the vehicle under the name of the victim.
Around March 15, 2014, the Defendant: (a) by deceiving the said G; (b) caused the said G to have the said G leased one of the passenger cars for HK (K) 9 under the name of the victim F; and (c) received the delivery thereof from the victim, and then, (d) incurred the victim with a lease liability of KRW 1,907,100 per month for 60 months each month; (b) acquired the pecuniary benefits equivalent to the said amount; (c) around March 22, 2014, by causing the victim to lease one of the passenger cars for I (K) 9 under the name of the victim F; and (d) by receiving the delivery thereof, the victim shall bear the lease liability of KRW 1,520,30 each month (total amount of KRW 91,218,000).