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(영문) 수원지방법원 2019.01.25 2018고정1771

근로기준법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court on April 7, 2018 and the said judgment became final and conclusive on April 7, 2018.

【Criminal Facts】

[Attachment 1] The crime listed in [Attachment 2018 [Attachment 1]

(Provided, That "suspects" shall be deemed to be "defendants").

(Provided, That "suspects" shall be deemed to be "defendants"). Summary of the evidence [2018 High Court Decision 1771]

1. Defendant's legal statement;

1. Each complainant's statement against B and C;

1. Details of personal delinquent money and goods, records on commuting to and from work, details of arrears, records on commuting to and from work, and details of the money and goods in arrear;

1. Defendant's legal statement;

1. Statement of complainants with D (not later than before the date of market declaration);

1. Application of Acts and subordinate statutes concerning the defendant's legal statement and criminal records;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) applicable to criminal facts; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which refers to the payment of retirement allowances)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act concerning Workers D and violating the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;