(영문) 서울중앙지방법원 2020.01.30 2019고단3473




A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that, for one year from the date this judgment becomes final and conclusive.


Punishment of the crime


B On February 14, 2019, the Seoul Western District Court sentenced one year and six months of imprisonment for fraud at the Seoul Western District Court (hereinafter referred to as the "Seoul Western District Court") and decided on September 20, 2019.


A has the position of the Vice-Chairperson of C, which is a general entertainment business entity, and has been in charge of affairs, such as (i) D (B) D (hereinafter referred to as "D"), (ii) D) F (hereinafter referred to as "F") and (iii) G (the location on the fourth floor of the same building; hereinafter referred to as "F"), and (iv) G (the first floor of the same building). The final decision was made on the matters related to the above four companies' personnel management and fund execution. Defendant B has the position of a director in charge of finance in D and F among the companies under C, and is a joint operator who has been delegated with the authority of directly operating and managing the company by Defendant A and has been in charge of affairs, such as employment of employees and payment of wages.

1. The Defendants’ co-principal Defendants did not pay 49,60,275 won, including 1,206,50 won in June 19, 2018, which was worked at the management planning team at the said workplace as an employer, who is a co-operator of D and F, within 14 days from the date of retirement without agreement on extension of each due date, as shown in the attached crime list, as well as 110 workers’ wages, as indicated in the attached list of crimes.

2. Defendant A, as an employer operating the said (ju)G, did not pay KRW 3,00,000, the total amount of wages of 1,673,770 won in May 2018, and 14 days from the date of retirement without agreement on the extension of the respective payment period, of KRW 3,00,000,00 in total, of the wages of August and September 2018, who worked in the said workplace from December 8, 2017 to May 31, 2018 at the said workplace. < Amended by Presidential Decree No. 28048, Jul. 10, 2018; Presidential Decree No. 27900, Oct. 4, 2018>

Summary of Evidence

1. Each of the Defendants’ respective legal statements (as of the fifth trial date);

1. Examination protocol of Defendant A by the prosecution;

1. Each police statement of K and L;

1. Each written appeal and each written self-statement;

1. Details of confirmation of each telephone, etc.;

1. A certified transcript of corporate register;

1. A written petition filed by a local government-invested person;