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(영문) 의정부지방법원 2018.02.14 2017고단3541

근로기준법위반등

Text

Defendant shall be sentenced to a fine of 5,00,000 won and a fine of 2017 order of 4535 for a crime of 2017 order of 3541.

Reasons

Punishment of the crime

The defendant of "2017 Highest 3541" is a user who resides in the Nam-gu Incheon Metropolitan City B and runs a personal construction business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant, as employed by the Defendant, did not pay 19,895,000 won for the total wages of 18 workers as of December 5, 2016 in the list of crimes in the attached Form 5,9 through 25, even though there was no agreement between the parties on the extension of the payment date, the Defendant did not pay 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of payment date.

On December 15, 2011, the Defendant was sentenced to one year of imprisonment and three years of suspension of execution for a crime of fraud at the Incheon District Court, and the sentence becomes final and conclusive on the same day. On July 5, 2013, the Defendant was sentenced to eight months of imprisonment and two years of suspension of execution for a crime of fraud, and on December 4, 2014, the said sentence became final and conclusive on December 5, 2014. < Amended by Act No. 13185, Mar. 4, 2015>

On January 28, 2011, at around 15:00, the Defendant loaned the victim E with “A company office located in Seocheon-si, Seoul, the amount of money to be used at the site is urgently needed, and the amount of money is KRW 50,000,000,000 to be used at the site. The Defendant would be able to repay the loan if the loan would have been extended to the bank upon the lapse of 20 days.

“The phrase “ was false.”

However, in fact, the defendant was in a state of bad credit standing, and the above loan site was promised to receive a loan from a financial institution as collateral.