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(영문) 광주지방법원 목포지원 2018.05.18 2018고단60

준사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is an employer who conducts salt farm business in the Southernan-gun C, and the victim D is an intelligent index of 64 and social index of 40, but has a lack of judgment ability than the general public.

1. Around June 1, 2010, when the victim was a person who worked in another salt farm in the Defendant’s residence located in Newanan-gun E, Nananan-gun, the Defendant: (a) caused the victim to engage in the work at the Defendant’s salt farm; and (b) caused the victim to engage in the work at the Defendant’s salt farm; (c) on June 1, 2015, the victim did not have economic ability to pay benefits due to his husband’s obligations, such as husband’s hospital expenses, but did not pay benefits to the victim, using the fact that the victim’s accident and judgment ability is considerably lower than that of the general public, the Defendant did not pay benefits to the victim; and (d) did the victim perform the work at the Defendant’s salt farm; and (e) did not pay wages of KRW 1,166,20 on June 1, 2015; and (e) did not pay KRW 361,2700,000 from that time to September 27.

As a result, the defendant acquired a total amount of 35,321,627 won by using a mental disorder of the victim.

2. The Defendant violated the Labor Standards Act and the Act on Guarantee of Retirement Benefits for Workers from June 1, 2010 to September 27, 2017, did not pay the victim’s wages of 35,321,627 won and retirement allowances of 7,654,313 won within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

3. When the Defendant entered in a false electronic record as a result of an investigation conducted by the police due to a problem of payment of D’s wages, the Defendant is willing to make a false report of marriage with D in order to avoid a second detection to the investigation agency. On October 16, 2015, the Defendant is a public official I in charge at H-Myeon Office located in Newan-gun G in the Naman-gun of the Republic of Korea.