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(영문) 의정부지방법원 2014.01.24 2013고단3697

근로기준법위반등

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

[2013 Highest 3697] The Defendant’s “F” of the facts charged against D Co., Ltd. located in Yangyang-si, Nam-si, shall be deemed to be a clerical error and corrected. The Defendant, as the employer operating B, worked from August 11, 2011 to February 28, 2013, and was recorded in the separate crime list, including KRW 10,859,353 of the total wages and retirement allowances of E retired workers, and did not pay KRW 2,912,193 of the total wages and retirement allowances of three workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

[2013 Highest 3851] The Defendant’s “F” of the facts charged against D Co., Ltd. is deemed as a clerical error and corrected.

On July 5, 2012, the representative director of the corporation is the H office located in Jung-gu Seoul Metropolitan Government, and the "O" in the facts charged of the victim I corporation is deemed to be a clerical error and corrected.

(Representative J) Loans in excess of 35 million won, and the "F" of the facts charged against D Co., Ltd., the defendant representative, shall be corrected in writing.

It provided five tons of truck with name KMM as collateral and set up a collateral security right with the victim as a creditor.

Nevertheless, on March 2013, the Defendant borrowed 15 million won to a bond company with the name in the name of the deceased on the date and delivered the above vehicle as collateral and became unable to identify the location of the vehicle.

In this respect, the Defendant concealed the object which is the object of the mortgage, which is the victim's right, and interfered with the exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Written statements of M, N, and E;

1. Each written complaint and written accusation;

1. A written calculation of average wages and retirement allowances;

1. Complaint;

1. Full certificate of the registered matters;

1. Application of the register of automobiles and the laws and regulations governing installment financing;

1. Article 109(1) and Article 36 of the Labor Standards Act for criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the Criminal Act for each crime.