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(영문) 대구지방법원 김천지원 2017.02.16 2016고단1337

배임등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant 2, “2016 Highest 1337,” is a person who operates a stock company in the Gumi-si B.

On December 27, 2012, from around April 1, 2016 to around April 1, 2016, the Defendant obtained a total of KRW 3,894,000,000 from the branch office of the Dong-si, Dong-si, Busan Special Metropolitan City, the 14.N.D., the Defendant, at the location of the Dong-dong Special Metropolitan City 14. N., the Defendant, the Defendant, from around 27, 2016, a sum of KRW 3,894,00,000, from the Defendant to the Defendant, the Defendant was a duty to keep the said collateral in line with the purpose of the collateral until the repayment of the loan.

However, when the factory operation fund, etc. was insufficient, the Defendant had the mind to dispose of the above machinery and instruments provided as security to the victim, and around June 10, 2016, the Defendant taken out the amount equivalent to KRW 153,790,000, total market value of KRW 5,000, which is a security in the above stock company C, to dispose of it to the sales market, and then disposed of it to the sales market, made the same amount of property profits, and incurred property damage equivalent to the same amount to the victim.

The defendant of the 2016 Highest 1800 is the representative of the Co., Ltd. C in the Gu and America, who ordinarily employs seven workers and operates the business of manufacturing electronic components.

1. The Defendant violated the Labor Standards Act, in the said workplace from June 8, 2015 to July 14, 2016, did not pay KRW 3,166,670 of the retired worker D’s wages in April 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, and did not pay the total of KRW 42,467,420 of the five workers’ wages within 14 days from the date of retirement, as shown in the list of crimes in the attached Form.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers: (a) the payment date of KRW 3,457,920 of the retirement allowances of the retired workers D while serving in the said workplace from June 8, 2015 to July 14, 2016.