임금채권보장법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principle and misunderstanding of the guarantee of wage claim, the Defendant did not conspired with P and T with the above P and T with regard to the payment of substitute payment.
2) As to the fraud, the Defendant notified the victim of the fact that the broadband and multi-purpose machines (hereinafter “the instant machines”) offered as collateral to the Small and Medium Business Corporation and that the auction case was in progress after the commencement of voluntary auction. As such, the Defendant deceptioned the victim.
shall not be deemed to exist.
B. Sentencing
2. Determination
A. In light of the evidence duly examined and adopted by the court below as to the violation of the Guarantee of Wage Claims, P received a substitute payment of a small amount of substitute payment of KRW 3 million on August 5, 2015, general substitute payment of KRW 2.888,000,000 in total, and KRW 5.8888,000 in total, on December 23, 2015, ② received a substitute payment of KRW 4.3 million on November 26, 201, ③ the above P and T received a substitute payment of KRW 4.3 million on November 26, 206, ③ the fact that the Defendant had worked in D Co., Ltd., which was operated by the Defendant, but was unfairly receiving a substitute payment, ④ the Defendant, including the above P and T, prepared and submitted false documents, such as the wage ledger, the confirmation certificate, etc. necessary for the denial of the demand and supply of the substitute payment of KRW 14,000,0000 in lieu of the above recognition.
It is sufficient to accept the recognition.
2) In light of the evidence duly examined and adopted by the lower court regarding fraud, if the following circumstances were to be considered, the fact that the Defendant deceivings the victim as stated in the facts charged in the instant case and defrauds the victim by deceiving him/her more than 5 million won.
This part of the defendant's assertion is not accepted.
A) At the time of the police investigation, the victim “the instant machinery from the Defendant.”