근로기준법위반등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
[2016 High Order 4204] The defendant is the representative director of C (the location of the main office: D, purpose: the manufacturing of shipbuilding machinery) in Changwon-si, who is a person in charge of the business operation of the above company.
When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 94,534,201 won in total, 15 workers’ wages and retirement allowances as shown in attached Table 1, as well as 94,534,201 won in total, and 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties, as well as 15 employees’ wages and retirement allowances, retired from the said workplace from July 1, 2016 to August 31, 2016.
[2017 Highest 94] Defendant is the representative director of Co., Ltd. C in the old-gu, Changwon-si.
While the Defendant was engaged in the payment of wages to the employees of the above company, national pension premiums, health insurance premiums, employment insurance premiums, etc., the Defendant deducted KRW 23,540 from the amount of wages of the above company from the victim F in January 2016 to the amount of employment insurance premiums, etc. for the above F, and used the amount arbitrarily used for the company operation funds, etc. around that time during the period of occupational custody, as shown in attached Table 2, from January 2016 to July 2016 by deducting KRW 32,245,410 from each salary of the victims of the above company from the victims of the above company from January 2016 to July 2016, the Defendant used it as the company operation funds, etc. during the above period of business custody after deducting KRW 23,540 from the amount of the national pension premiums.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
[2016 order 4204] Each complaint filed by the police against the defendant's legal statement F, each complaint filed by the defendant, the petition, and the statement pay ledger, [2017 order 94] defendant's legal statement G, the police statement protocol filed by H, respectively.