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(영문) 서울중앙지방법원 2017.11.01 2016고단7266
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On November 13, 2013, the Defendant was sentenced to a suspended sentence of two years in October, 10 to a prison term for occupational embezzlement at the original state branch of the Chuncheon District Court, and the judgment became final and conclusive on May 22, 2014.

[2016 Highest 7266] The defendant is a representative director of the Gangnam-gun E-gu Seoul Metropolitan Government, who employs 55 full-time workers and operates tourist accommodation facility business.

1. On August 1, 2001, the Defendant who violated the duty to liquidate the overdue amount and failed to pay retirement pay was affiliated with the said company, and served at the branch office located in Samsung-gun G located in Gangseo-gun G on October 7, 201, and the Defendant retired from office on October 7, 201, paid 60,979,40 won in total, including KRW 12,603,700 in total and KRW 12,73,750 in retirement pay from February 7, 2011 to October 10, 2011 and KRW 12,73,750 in the annexed crime list 1st, as shown in the annexed crime list.

2. Although the Defendant paid the full amount of the wages to the employees of the said company on the 25th day of each month, which is the date of the regular payment of wages, the Defendant did not pay KRW 10,665,720 in total from October 201 to March 2012 to the said employees I of the said company on the regular payment date.

[2016 high group 9086] From 2008 to April 2012, the defendant was in the position of keeping the funds of the above company in business, including tourism accommodation business, golf course sales business, management and fund management business, while substantially operating the victim's interest trust fund, the Dispute Resolution Council, the representative director of the Dispute Resolution Bank K, the auditor or internal director, and the above company.

1. On July 8, 2008, the Defendant’s occupational embezzlement of KRW 60 million for the purchase price of the stocks of the Fund in Songpa-gu Seoul Metropolitan Government, entered into a stock sales contract with the P to purchase KRW 96,000 (40% of the total outstanding stocks) of the Co., Ltd. in the Co., Ltd. (O) of KRW 50,000,000,000,000 for KRW 50,000,000,000,000,000 for the first intermediate payment of KRW 15,000,000,000,000 in around August 31, 2008, and the second half of this year.

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