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(영문) 광주지방법원 2019.01.16 2018고단3409
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for two years, each of the defendants B.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

D is a person working in the E- Gwangju Factory Materials Team by December 2, 2017, who was working as the head of the Korean Metal Trade Union E-Chapter Gwangju District Council site and the head of the organization office, and Defendant B is a person who was working as a production employee in the E- Gwangju Factory and retired on December 31, 2009, and Defendant A is a child of Defendant B, who was employed in the E- Gwangju Factory around September 18, 2009, and currently worked as a production employee in the above-mentioned factory.

1. Defendant B’s violation of the Labor Standards Act

A. On September 23, 2014, the Defendant received 100 million won in cash 10 million won from G upon the request of F to employ son G from F as full-time employees in the vicinity of the two-time amamba-dong Mine Park, and delivered 85 million won among them to D, and the Defendant acquired the remainder of 15 million won.

B. On December 27, 2016, the Defendant received cash 150 million won from the J, a fraud of I, from D through E labor union worker D, at his own residence located in Gwangju Mine-gu, Gwangju, through the request of I to employ the said I as regular employees, and delivered 100 million won among them to D, and the remainder 50 million won was acquired by the Defendant.

C. On September 21, 2017, the Defendant received 150 million won in cash from C upon receipt of the Defendant’s request from C to have C work as a regular employee via E Trade Union worker D at the E secondary factory parking lot located in Seo-gu, Gwangju, Seo-gu, Gwangju, by receiving 100 million won in cash from C, and delivered the remaining 50 million won to D, and the Defendant acquired the remainder of 50 million won.

Accordingly, the Defendant conspiredd with D to intervene in the employment of others for profit.

2. Around February 2014, the Defendants’ fraud D was demanded to return KRW 100 million to M on the ground that the Defendants were employed even though 100 million was granted in return for having M’s N to be employed as full-time employees by Defendant B.

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