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(영문) 수원지방법원 2015.06.10 2014고단3963

근로기준법위반등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

"2014 Highest 3963" Defendant was a person who is a manager of the (ju) Dental Institute located in the wife population C in Chungcheongnam-si, which employs 30 full-time workers and operates a private teaching institute.

When a worker retires, the employer shall pay the wages and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 8,900,435 of the wages of workers E retired while working in the said workplace from January 13, 2013 to October 5, 2013, within 14 days from the date when the cause for the payment occurred without an agreement extending the due date for payment between the parties concerned.

On December 9, 2011, the Defendant made a false statement to the effect that “The amount of KRW 1.5 billion is expected to be invested in the establishment and operation of an IMF as a corporation,” and that “The amount of KRW 1.5 billion will be 7.15% of the shares of the corporation of the IMF when investing 100 million, and KRW 1 million will be paid as a profit every month in addition to monthly salary.”

However, the defendant was in a situation where the method of preparing 1.5 billion won, which is the initial investment funds of the International Institute of Research, was inappropriate at the time, and the previous (State)G Driving Schools did not pay public charges, monthly salary, etc., and thus, even if 100 million won was invested by the victim, it was required to pay the existing debt, and there was no intention or ability to establish a new Initial Teaching Institute or pay profit-making

Nevertheless, on December 9, 2011, the Defendant, by deceiving the victim, received 100 million won from the victim to the passbook in the name of the national bank (J) bank in the name of the defendant on December 9, 201.

Summary of Evidence

[2014 Highest 3963]

1. Defendant's legal statement;

1. The statement of the complainant, the statement of the representative of the police, the statement of the complainant, the statement of the accusation, and the statement of the amount in arrears (2-11 pages of investigation records) (2014 highest 4045);

1. The defendant;