beta
(영문) 광주지방법원 목포지원 2014.07.24 2014고합40

준사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who produces and sells sun-dried salt in Jeonnam-gun E, and the victim D (main and 62) was employed by the Defendant’s father F, and worked as a salt farm employee producing salt in the above salt farm from January 1, 198 to January 21, 201, who was employed by the Defendant from around 2001 and worked until January 21, 201.

1. Quasi-Fraud Defendant had the victim D already implied principal relationship formed due to the geographical characteristics, etc. in the location of the above salt farm in which it is practically impossible for F to commit violence and escape since 1988, and had the victim d's mental condition omitted from his own psychological condition, and had the victim engage in labor or wage payments in the salt farm operated by the Defendant, using the fact that it is a state of mental and physical disability where it is impossible to make a normal decision on the provision of labor, wage payments, etc., and take profits using the method of not paying wages.

Around May 2007, the Defendant did not pay the amount equivalent to KRW 58,357,440, as shown in the attached Table (1) from January 21, 2013, including that the Defendant did not pay the amount of KRW 723,840 (minimum wage calculated) to be paid to the victim by making the victim engage in salt in the above salt farm and paying the amount to be paid to the victim.

Accordingly, the defendant acquired property benefits equivalent to the above amount by using the mental disorder of the victim.

2. An employer who violates the Minimum Wage Act shall pay the wages above the minimum wage amount to the workers subject to the minimum wage, and the minimum wage from January 1, 2009 to December 31, 2009 is 4,110 won per hour for the minimum wage from January 1, 201 to December 31, 201, 4,320 won per hour for the minimum wage from January 1, 201 to December 31, 201, and the minimum wage is 4,580 won per hour for the minimum wage from January 1, 2009 to December 31, 201, and 4,580 won for the minimum wage from January 1, 201 to December 31, 2013 to December 31, 2018.

Nevertheless, the defendant around May 2009 is the defendant.

참조조문