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(영문) 창원지방법원 2018.12.20 2018고합72
특정경제범죄가중처벌등에관한법률위반(사기)등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who is engaged in convalescent business and health business by employing 60 full-time workers as the president of the D Medical Consumer Community Cooperatives at the window C of Changwon-si.

“2018 High 94” Defendant did not pay KRW 16,197,260, total amount of KRW 16,197,260 to workers E who worked at the said workplace from June 1, 2017 to January 1, 2018, without any agreement on the extension of the due date between the parties, within 14 days from the date of retirement.

From March 17, 2017 to April 9, 2018, the Defendant did not pay the total amount of KRW 2,324,615, and the total amount of KRW 2,478,183 of KRW 4,802,798 of KRW 2,324,615 and retirement allowances within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as shown in the list of crimes in attached Table 1, including the fact that the Defendant did not pay KRW 33,716,650 for the total amount of four wages, annual allowances, retirement allowances, total amount of KRW 33,716,650 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

The Defendant, from October 1, 2011 to October 31, 2017, 201, paid KRW 8,131,959 of the G retirement allowance of workers who worked as nurses at the aforementioned workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and did not pay KRW 34,703,325, in total, seven workers’ wages, annual allowances, retirement allowances, and total amount of KRW 34,703,325 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against E, F, H, I, J, K, L, G, or M;

1. Each written petition (E, F, I, J, K);

1. Each complaint filed (Korean, L, G, and six other persons);

1. Application of Acts and subordinate statutes to the details of calculation of each retirement allowance and the specifications of benefits, each average wage and retirement allowance;

1. Article 109(1), Article 36(1), and Article 109(1), and Article 36 of the Labor Standards Act for criminal facts.

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