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(영문) 광주지방법원 목포지원 2015.03.19 2014고단2055

준사기등

Text

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

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

Reasons

Punishment of the crime

The defendant is operating a DNA infection in the Danan-gun, Newannam-gun C.

1. Quasi-Fraud Defendant made a false statement to the victim F that “I would give five million won per year if he/she worked in salt,” at the Defendant’s residence in the Jeonnam-gun E-gun, Namnam-gun, 2008.”

However, the Defendant was aware that the victim was unable to exercise his right to claim wages normally due to the low intellectual ability, and thus, the Defendant did not have the intention or ability to pay wages at the time even if the victim was on duty.

Therefore, the Defendant had the victim work from that time to February 13, 2014, and did not pay a total of 64,012,038 won as shown in the attached crime list (1) even though the Defendant had the victim pay from that time to that time, and acquired the same pecuniary benefit.

2. An employer who violates the Labor Standards Act shall pay workers in full wages in currency at least once a month on a fixed date;

Nevertheless, on December 2009, the Defendant did not pay the Defendant’s wages of KRW 904,00 on December 12, 2009 (the minimum wage standard publicly notified by the Ministry of Employment and Labor) as indicated in the attached Table of Crimes List (2), and did not pay KRW 44,695,818 on a fixed date at least once a month, as shown in the attached Table of Crimes List (2).

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of retirement, unless otherwise agreed by the parties concerned on the extension of the fixed date;

Nevertheless, the Defendant is working from the DNA infection to February 13, 2014.

2,151,839 won of retirement allowance of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police of the F;

1. - A statement of calculation of retirement pay (Evidence No. 2, 215 pages) 1.