beta
(영문) 광주지방법원 목포지원 2014.08.18 2014고단747

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four 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

From 2013. to 2013, the Defendant is operating a salt farm with no trade name, using one full-time employee in the former-time worker in the Newan-gun, the Defendant, and the victim D is a worker who was employed in salt farms in the Defendant

1. Violation of the Labor Standards Act;

A. On August 2013, 2013, the Defendant assaulted the victim at least three times his son’s mared with a large amount of 70-80 cm in salt farms on the ground that workers D (year 56) did not listen to the horses, and that workers D (year 56) did not listen to the horses.

B. On August 2013, 2013, the Defendant assaulted three times the victim’s her son with a large amount of 50 cm of tree mons in the place where the worker D was her mother, on the ground that the worker D was her mother to the Defendant’s her mother.

2. On October 28, 2013, the Defendant: (a) caused the victim D to work in the “H factory” located in neighboring G to be salted; (b) transferred KRW 1,350,000 to the Defendant’s agricultural bank account under the name of the Defendant’s name and kept for the victim; and (c) embezzled by voluntarily consuming the victim’s living expenses, etc. at the site of the fluench around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. - Application of AFAF - The Acts and subordinate statutes of the Schedule of Transactions

1. Relevant provisions of the Labor Standards Act and Articles 107, 8, and 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment) of the Labor Standards Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognized his/her mistake and reflects his/her mistake, the fact that the sum embezzled has been returned, the defendant has no criminal record for the same kind of offense, the age, character

1. Social service order under Article 62-2 of the Criminal Act;