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(영문) 서울북부지방법원 2019.03.15 2018고정1480

위계공무집행방해등

Text

Defendant

A is a fine of two million won for a crime set forth in A's holding, and a fine of one million won for a crime set forth in Section 2 of the holding.

Reasons

Punishment of the crime

Defendant

A A is a person who operated a personal business entity with the trade name “G” in the F in both weeks, which operates the automobile noise system, etc., and, Defendant B, C, D, and E is a person who worked for the above business entity, and the victim H is a creditor who has a loan claim amounting to KRW 70 million against Defendant A.

1. On July 7, 2016, Defendants A, at the Seoul Northern District Court, was sentenced to a suspended sentence of one year for a violation of the Punishment of Tax Evaders Act on July 7, 2016, and the said judgment became final and conclusive on July 15, 2016.

Defendant B, C, D, and E through fraudulent means did not receive wages from June, 2014 from Defendant A, July, and August. The Defendant A discontinued the said G in the form of around August 15, 2014 and established I as Defendant D’s business operator around September 2014, and Defendant A actually succeeded to the employment of Defendant B, C, and D while continuously operating the said G. Thus, there was no retirement allowance obligation to be paid to Defendant B, C, and D.

Nevertheless, the Defendants conspired to the effect that, on May 26, 2015, “Defendant B was unable to receive 22,464,800 won in aggregate, including 9,60,000 won in total and 12,864,800 won in retirement pay for August 2014; Defendant C did not receive 9,081,00 won in total and 9,386,467,580 won in total and 146.4.4,00 won in monthly wages for the above month; Defendant C did not receive 2,464,80 won in total and 3,000 won in total and 9,081,386,580 won in total, and 18,467,580 won in wages for the above month; Defendant D’s wages for 12,864,74,714,201 in total, and 16.4,2014.

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