beta
(영문) 춘천지방법원 2016.10.07 2015고단1357

근로기준법위반등

Text

Defendant

A Imprisonment of three years and six months, Defendant B’s imprisonment of one year and two months and fine of two thousand won and Defendant C.

Reasons

Punishment of the crime

[criminal power] On July 12, 2012, Defendant A was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Northern District Court on November 10, 2012, and the execution of the sentence was terminated on November 10, 2012. On April 27, 2016, Defendant A was sentenced to one year and six months of imprisonment for a crime of fraud at Seoul High Court (Chuncheon), and the judgment became final and conclusive on July 27, 2016.

Defendant

B On September 15, 2015, the Chuncheon District Court sentenced eight months of imprisonment for fraud, which became final and conclusive on March 7, 2016.

The defendant of "2015 Godan1357 (Defendant A)" is the representative of the ZJ Co., Ltd. in Songpa-gu Seoul Metropolitan Government Y, who runs a construction business.

The Defendant, while executing a project for AB remodeling at the construction site of Hongcheon-gun, Hongcheon-gun, under a subcontract for the construction site of the AB remodeling project, did not pay 39,685,150 won, including 3,118,490 won for May 2, 2015, working as the site manager from March 2, 2015 to September 10, 2015, within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the due date for payment.

"2016 Highest 30 (Defendant B, C, and A)"

1. Defendant B’s fraud

A. On December 23, 2014, the Defendant made a false statement to the effect that “The Defendant shall pay KRW 20 million to the victim AD as a shower price,” and sent the construction price to the victim at an insular area (hereinafter “Sacheon-si”) around December 23, 2014.”

However, in fact, the defendant did not have any intention or ability to establish showera even if he received money from the victim as a shower construction price after concluding a contract for new construction of the Hongcheon-gun AE building owned by the victim.

The Defendant received KRW 20 million from the victim to the Agricultural Cooperative (AG) account in the name of AF designated by the Defendant on the same day.

B. On January 13, 2015, the Defendant, on January 13, 2015, should pay KRW 10 million to the said victim as “the price for construction work” at an influent land not exceeding Switzerland-si around January 13, 2015.

참조조문