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(영문) 서울동부지방법원 2017.11.16 2017고합129

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the Defendants are against the Defendants.

Reasons

Punishment of the crime

[criminal record] On August 11, 2017, Defendant A was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Eastern District Court (Seoul Eastern District Court) on one year and six months, and the judgment became final and conclusive on October 16, 2017.

[Criminal facts] Defendant A is the president of Songpa-gu Seoul Metropolitan Government E (State) and the actual manager of the E (State) and F (State). Defendant A is the person in charge of business management of the said company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, Defendant A was employed from the above F (State) to July 20, 2016 from March 29, 2011, and retired from Korea on December 2014, 2016, and Defendant A did not pay 153,95,490 won in total for 16 employees, as stated in the attached crime list, without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of each police officer in relation to G;

1. Each police statement made to H, I, J, K, and C;

1. Each statement of L, M, N,O, P, and Q;

1. A report on investigation (Submission of an explanatory report, etc.) and an explanatory report;

1. Inquiry into employment insurance, such as a statement of daily work, details of public demand, statement of money and valuables in arrears, statement of wages in arrears, statement of wages in arrears, statement of wages in arrears, copies of passbook, each public document, each service contract, each service contract, confirmation document, statement of all matters to be registered by the corporation, each copy of confirmation, each shareholder's list, each shareholder's list, each of each written statement, each text message, each confirmation document, each content certification, each content certification, each content certification, each statement of work pocket book, each written statement of payment in arrears, each transaction, each

1. Previous convictions in the judgment: References to inquiries, investigation reports (Attachment of the judgment attached thereto), and application of the statutes attached thereto;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (workers......)