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(영문) 대구지방법원 2016.11.11 2016고단3767

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[2016 Highest 3767] The defendant is an employer who operates a manufacturer of automobile parts as a representative director of the FF corporation in Sinsan-si E.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay the total of KRW 14,527,616, including the total of KRW 5,527,616, and total of KRW 14,616, and total of KRW 79,00,00,00 from November 29, 2009 to June 30, 2015 of G workers who worked in the said workplace from the said workplace, within 5,926,892, including the total of KRW 7,904,724, within 14 days from the date of retirement, and did not pay KRW 895,501,647, including wages and retirement allowances, to 79, as shown in the list of crimes in the attached Table.

[2016 Highest 4272] Around July 2012, the Defendant: (a) received a gold-type 3 set of three sets of money equivalent to KRW 52.8 million at the market price of the damaged company for the manufacture of automobile parts from the Victim H Co., Ltd., Ltd. in Busan-si; and (b) disposed of the same as a business dealing with scrap metal in the form of mutual influent iron in the form of Hah-gu, Hahbuk-gu, Busan-do. on June 25, 2015, around 14:00.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[2016 Highest 3767]

1. Defendant's legal statement;

1. Statement of each prosecutor's protocol of examination of the accused;

1. Statement made by each prosecutor's office with regard to I;

1. Statement made by each police officer of J, K, and L;

1. The description of the amount in arrears, a copy of the personal benefit ledger, a report on investigation (to compile data on calculation of retirement allowances), confirmation of fact, such as telephone, the business registration certificate, the list of retired workers, the draft form, etc., and each of the personal benefit ledger.