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(영문) 서울중앙지방법원 2016.01.19 2015고정4372

임금채권보장법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who resides in B apartment house 402-601 in Gyeonggi-do and has not worked in the plan for the settlement of accounts with all Nam-gu Co., Ltd.

A substitute payment may be claimed by a person who retires without receiving wages, business suspension allowances, and retirement allowances due to the bankruptcy of an enterprise, and no person shall submit a false report, certification, or document so that the substitute payment may be made by fraudulent or other illegal means.

Nevertheless, on May 12, 2010, the Defendant retired from the Dispute Settlement Bank D on August 23, 2013, and prepared a false statement as if he did not receive the amount of 44,596,770 won of wages, retirement allowance 11,256,690 won, and submitted an application for confirmation of substitute payment to the Seoul Gangnam Labor Branch on April 6, 2015 in order to receive substitute payment of 16,80,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual details of the respondent, the details of delayed payment of wages of the suspect, the source to verify the delayed payment, and family relation certificate;

1. Requests for a substitute payment, confirmation of the payment of substitute payments for workers, and application of the application statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 28 (2) 1 and 7 of the Guarantee of Wage Claims for which punishment is selective, and the choice of a fine (including the fact that the accused is divided into the offense of this case, the confession from the investigative agency to the offense of this case, and the withdrawal of the application for substitute payment before receiving substitute payment, etc.);

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

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