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(영문) 대구지방법원 포항지원 2018.08.22 2018고정188
무고등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B had worked as a tree at the site of a new aggregate construction project in the north-gu Seoul Metropolitan Area.

A person is an employer who operates a “D construction site” and employs B, and E operates a “F” and the Defendant is a direct contractor who gives a subcontract for the said construction work.

The Defendant did not receive KRW 18,70,000,000,000 from E, and agreed to the effect that “D” office located in Seocho-gu, Southern-gu, Posnishing G, on April 2017, submitted to B a petition to the Labor Administration that “B wishes to punish B with delayed payment of wages,” the immediate upper contractor E shall be punished, but the petition shall be submitted to E, and that “B shall receive construction payment from E.”

B In accordance with the above public offering, it is clear that April 18, 2017, written indictment on May 15, 2017, is a clerical error, and thus, it is corrected.

It is intended to punish eight petitioners, including themselves, who worked at the above construction site, at the Daegu District Labor Office Branch Office of the Korea Labor Agency in Daegu District of 430 as the new year in South-gu, South-gu. The wages of August 2016 are not paid.

On May 29, 2017, a written petition was submitted to the purport that “A and E are not paid wages,” and the above Daegu Regional Labor Office Branch Office of the Korea Labor Agency stated that “H wishes to be punished for the said fact, as the labor supervisor did not receive wages from A and E.”

However, the wages of August 2016 for 7 actual workers, such as B, had already been paid around October 2016, and the petitioner I did not work as a contractor for a concrete part of the above construction work.

As a result, the defendant instigated B to make false complaints about himself, and the defendant and B conspired to commit criminal punishment, and reported false facts to public offices for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement No. B made by the police against the defendant;

1. B.

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