근로기준법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal power] On November 28, 2017, the Defendant was sentenced to imprisonment for a violation of the Labor Standards Act, etc. by the Gwangju District Court, and on April 12, 2018, the said judgment became final and conclusive on April 12, 2018, and on October 18, 2018, the same court was sentenced to imprisonment for two years and eight months for fraud, etc., and the said judgment became final and conclusive on February 21, 2019.
【Criminal Facts】
The defendant is an employer who runs real estate business as the representative director of the (oil) Do building C in Gwangju-gu.
The Defendant, at the same place of business, worked from December 21, 2015 to August 18, 2016 and did not pay KRW 1,963,530 to retired E’s wages, and did not pay KRW 25,487,670 in total money and valuables of 12 retired workers within 14 days from each retirement date, as indicated in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Previous convictions: Inquiry into criminal and investigation records, written rulings (Supreme Court Decision 2018Do3566), written rulings (Jinju District Court Decision 2017No4565), written rulings (2016No5798), application of significant facts to this court;
1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The reduction of fines in consideration of the fact that the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes;