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(영문) 창원지방법원 2017.09.12 2017고단1967

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a user who ordinarily employs 35 workers as a representative director of M, Co., Ltd., Ltd., 1007, Changwon-si, Sungwon-si, Sungwon-si, who operates solar energy installation business.

From July 20, 2009 to December 9, 2016, the Defendant did not pay an aggregate of KRW 14,703,317,24,096,027, total of KRW 956,210,00 in the wages of August 2016, and KRW 6,095,095,817 in the wages of December 2016, and KRW 24,096,027 in the total of KRW 30,191,844 in the separate crime list Nos. 2, 3, and 8 in the separate crime list, including KRW 14,703,317, total of KRW 24,096, total of KRW 38,79,379,349, and KRW 4444 in the separate crime list for three workers within the agreed period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of N,O, and P;

1. Application of the Acts and subordinate statutes to a copy of the statement of benefits (No. 44), average wages and the estimated amount of retirement allowances (No. 46 No. 5);

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) do not have the same criminal records, and there is no record of having been sentenced more severe than the fine, and there are some circumstances that may be taken into account the circumstances leading to the instant crime, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and various circumstances that form the conditions for sentencing as set forth in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (type 1 type (less than 50 million won): 4 months;