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(영문) 부산지방법원 2021.02.24 2020고단2842
근로기준법위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant in violation of the Labor Standards Act and the Labor Standards Act and the Act on the Guarantee of Retirement Benefits for Workers is an employer who has operated the clothing manufacturing business under the trade name of “C” located in Geum-gu, Busan. The Defendant was working in the above workplace from March 1, 2013 to May 9, 2019, and the employee D’s wages of KRW 14,62,497 and retirement allowances of KRW 15,267,120 were not paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as stated in the list of crimes in the attached Table, and did not pay the total wages of KRW 29,225,988 and the total amount of KRW 179,986,120 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

2. From Jun. 2, 2011, the defrauded was a person who had manufactured clothing, etc. in the name of “C” in the name of “C,” from Jun. 2, 201, and the victim E seized 23 tangible properties, such as air conditioners, etc. in the factory of the “C” as Busan District Court F around July 2, 2019 to recover the Defendant’s claim of approximately KRW 70 million.

On July 12, 2019, the Defendant made a false statement to the effect that “The Defendant had a person who seeks to acquire the entire movable property in the foregoing amount of KRW 30 million, and the victim would either receive the acquisition price or take over the entire movable property, instead of cancelling the seizure.”

However, on June 25, 2019, the Defendant already delegated the right to dispose of the entire movable property to G et al., a creditor of the said movable property of approximately KRW 80 million, the Defendant had no intention or ability to transfer the movable property even if the damaged person releases the attachment.

On July 15, 2019, the Defendant, by deceiving the victim, had the victim submit a letter of withdrawal of a request for F compulsory execution to the Busan District Court for compulsory execution, thereby having the above seizure rescinded, thereby acquiring the above pecuniary benefits equivalent to the security value of the movable property.

Summary of Evidence

1. The defendant's person;

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