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(영문) 대전지방법원 2017.06.28 2016고단4526

근로기준법위반등

Text

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

Reasons

Punishment of the crime

On July 24, 2014, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Central District Court. On September 27, 2015, the execution of the sentence was terminated at the former competent prison on September 27, 2015. On February 3, 2017, the Daejeon High Court sentenced the Defendant to seven years of imprisonment and two million won of fine due to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, and the said judgment became final and conclusive on May 17, 2017.

Criminal facts

[2016 Highest 4526] The Defendant is an employer who employs 7 full-time workers as a “D” manager in Daejeon Peong-gu C or 201, and operates a telecommunications sales business (garment sales business).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, who worked from December 3, 2015 to December 15, 2015, did not pay KRW 8,051,103 of the total wages of 7 workers within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including KRW 1,334,249 of the E, which was employed by the Defendant from December 3, 2015 to December 15, 2015.

[2017 Highest 778] On July 27, 2016, the Defendant drafted a false complaint against F with a view to having F take criminal punishment against the Defendant, at the Daejeon Prison, which was located 66-gil6,66-h, Daejeon Pung-gu, Daejeon, and F.

The criminal complaint stating that “The accused F was sexually related with the complainants on December 14, 2015, but the complainants attempted to commit an indecent act by force, but the complainants refused it and attempted to commit an indecent act by force. However, the complainants appeared as witness in the criminal trial of the complainants, and the complainants testified to the effect that they committed an indecent act by force.