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(영문) 의정부지방법원 2016.11.17 2016노2294

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant paid the subcontractor G wages to G workers, including their wages, and paid wages to G workers.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

Judgment

The defendant argued that he is identical to the above argument of mistake of facts, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is legitimate (in case of the worker I's legal statement of the court below, since I merely received money from G as wages for labor in another field, not in the subcontracted work, and therefore, it cannot be deemed that the wage of this case was paid). The defendant's argument of mistake of facts is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.