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(영문) 광주지방법원 목포지원 2015.03.26 2014고합214 (1)
준사기등
Text

Defendant

A Imprisonment with prison labor for six months and fines for 2,000,000 won, and Defendant B shall be punished by fines for 1,500,000 won.

The Defendants are the defendants.

Reasons

Punishment of the crime

【Defendant A, on September 24, 2013, was sentenced to one and half years of imprisonment for a violation of the Punishment of Violences, etc. Act (a crime of injury by group, deadly weapons, etc.) in the Manpo-gu District Court of Gwangju, Gwangju, and two years of suspended execution, and the above judgment became final and conclusive on October 2, 2013.

【Criminal Facts】

1. Defendant A is an employer who is engaged in the mid-term operation business with the trade name of F, using two full-time workers in the new-time group E in the new-Gun group in the Vietnam War, and at the same time engaged in salt collection business in the new-Gun G in the Vietnam War.

On March 3, 2011, the quasi-Fraud Defendant introduced the Victim J (Intelligent Index 60) to the victim, who was incapable of falling intellectually from the H Job Placement Director I in front of the Honam-dong 1-1, Chungcheongnam-dong, Honam-dong, Ho-do, and falsely concluded that “I will go at our house in KRW 800,000 per month if I go to do so.”

However, in fact, the Defendant was aware that the victim was unable to exercise his right to claim wages normally due to his low separation ability, and thus, the Defendant did not have the intention or ability to pay wages at the time even if the victim was on the job.

Therefore, the Defendant had the victim engage in architectural work in the Nanannam-gun E, or did not pay wages after being salted in the salt farm operated by the Defendant in the Nananannam-gun G, and did not pay wages to the victim. From March 3, 2011 to September 30, 2012, the Defendant did not pay a total of KRW 19,015,932 as indicated in the attached crime inundation (1) and did not pay a total of KRW 19,015,932.

(b) An employer violating the Labor Standards Act due to unpaid wages shall pay all money and valuables, such as wages, within 14 days from the date of retirement of the worker, unless the worker has agreed to extend the due date for payment.

Nevertheless, the Defendant is working as salted from March 3, 2011 to September 30, 2012 at the salt farm operated by the said F workplace and Defendant’s management.

The amount of wages to retired workers J shall be 19,015.

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