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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단319
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a user who operates the main organization manufacturing business by employing 14 full-time workers as the actual operator of C in the Paju-si.

The Defendant, at the foregoing workplace around November 6, 2016, worked from around August 29, 2016, did not pay KRW 1,495,440 on September 9, 2016 to retired workers D, and wage of KRW 663,30 on October 2016 and KRW 62,254,235 on the aggregate of wages of 14 workers as shown in the list of crimes in the attached Form, as shown in the list of crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, F, G, H, I, and J;

1. Each written petition;

1. Application of Acts and subordinate statutes to the specifications of overdue debts;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (six months to one year) of the two types (five million won or more, or less, and less than one hundred million won) [the sentence] [the defendant's decision] total amount of unpaid wages reaches 62,254,235 won, and the injured worker reaches 14 persons.

The defendant has several criminal records of the same kind.

However, there is no record that the defendant is against himself and is punished in excess of the fine for the same kind of crime.

In addition, the sentence shall be determined as ordered in consideration of the circumstances in which the defendant has not paid wages, the period of payment, the circumstances after the crime, and all the sentencing conditions identified in the records of this case and the trial process.

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