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(영문) 울산지방법원 2018.10.18 2017고단4363

근로기준법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

"2017 Highest 4363"

1. The Defendant is an employer who is a person in charge of operating a manufacturing business with 31 full-time workers under the trade name of “Company G” in Ulsan-gun, Ulsan-gun.

The Defendant did not pay the total amount of KRW 9,202,442 of H’s wages and retirement allowances that he retired while working in the foregoing workplace from November 6, 2014 to June 29, 2017 at the same workplace, and did not pay KRW 29,104,774 in total, as shown in [Attachment] Nos. 2, 4, 5, and 6 of the daily table of crimes related to the crime, within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

"2018 Highest 1431"

2. On September 3, 2015, at the office of “Certified Judicial Scriveners I” located in Ulsan-gu, Ulsan-gu, the Defendant entered into a collateral security agreement with the victim and set up a collateral security agreement for the victim with the machinery, such as 4,628,40,000 won (2,252,40,000 won 2,376,000 won) in total with the victim and 2,376,000 won (2,370,000 won).

On April 13, 2017, the Defendant sold and handed over the CNC event crowdfunding at KRW 25,00,000 to Saturdays, a corporation that knew of the establishment of the right to collateral security at the said place of business.

Accordingly, the Defendant concealed the goods of G Co., Ltd., which was the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

"2017 Highest 4363"

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The head of a complaint and a petition "2018 Highest 1431";

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. A credit transaction agreement, a mortgage creation agreement, a statement of evaluation of machinery and tools, details of asset sales, account sales, a promotion agreement, a transaction agreement, a tax invoice, a quotation, or a performance agreement (the Defendant) before disposing of the instant machinery.