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(영문) 서울중앙지방법원 2016.01.11 2015고정2803

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 13, 2012, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Central District Court and the judgment became final and conclusive around November 9, 2012. On November 26, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the same court on November 27, 2015, and the judgment became final and conclusive on November 27, 2015. On December 10, 2015, the Defendant was sentenced to two months of imprisonment for a crime of embezzlement at the same court on December 18, 2015.

The defendant is the representative director of Seocho-gu Seoul Metropolitan Government Da, which is in the second floor of the separate house in Seocho-gu Seoul Metropolitan Government, and is an employer who ordinarily employs ten workers and operates real estate sales business.

The Defendant did not pay the total of KRW 17,630,100 for seven retired workers as of August 25, 2008 to October 31, 2008 as of August 2008, 2008, including the total of KRW 2,00,000,000, and the total of KRW 4,451,610, and 14 days from each retirement date without agreement on the extension of the payment period between the respective parties, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G, H, I, J, and K;

1. Previous records: Application of each judgment, written indictment, and search records of each case to statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Fines concerning facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;