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(영문) 창원지방법원 통영지원 2018.05.17 2017고단1765

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 1765" is an employer who runs a vessel processing business with the trade name of 120 full-time workers of Samsung Heavy Industries (State) in 3-3-3 80 Gao-si.

The Defendant had worked in C from September 7, 2016 to June 30, 2017, and had not paid KRW 161,545,353 in total of 82 retired workers, as stated in the list of crimes in the attached crime, as well as KRW 1,841,212, as well as KRW 1,841,212, within 14 days from each retirement date, without any agreement between the parties on the extension of the payment date.

From January 17, 2017 to June 17, 2017, the Defendant: (a) deducted the total amount of health insurance, employment insurance, national pension contributions from KRW 1,557,743 from the victim E’s benefits to a worker affiliated with C; and (b) used it as a company’s operating fund at his/her own discretion during the course of business custody for the victim; and (c) embezzled it by using it as a company operating fund around that time.

From February 2017 to June 2017, the Defendant collected total of KRW 697,500 on five occasions as national pension payment, from the victim F who was employed by C from February 2, 2018 to June 2017, and embezzled by arbitrarily using the company’s operating funds, etc. around that time while the victim was in custody for business purposes.

Summary of Evidence

"2017 Highest 1765"

1. Statement of the defendant in the first trial record;

1. Statement made to D or G by the police;

1. Each statement of H, I, and J;

1. Each criminal complaint and a petition;

1. Business registration certificate, a detailed statement of non-payment by each individual, a payment ledger for June C, a labor contract, and a detailed statement of salary 2018 Godan 41;

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Complaint;

1. A detailed statement of benefits, a written confirmation to pay pension premiums, and a written confirmation to pay health long-term medical care premiums;

1. Response to a request by the Labor Welfare Service for the provision of materials of the Labor Welfare Service (2018 Highest 262);

1. Statement by the defendant in court;

1. Statement made by the F and G police statements;

1. Complaint;

1. Five copies of a statement of benefits, and the application of the legislation of a letter of subscription to pension appropriation.