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(영문) 광주지방법원 목포지원 2012.11.06 2012고단897
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The District Public Prosecutor's Office of Gwangju District Public Prosecutor's Office in 2012, No. 4 of seized evidence No. 1.

Reasons

Punishment of the crime

On May 2, 2012, the defendant was sentenced to the suspension of 8 months of imprisonment for fraud in the Gwangju District Court's wooden branch on May 2, 2012, and the prosecution appeal is pending in the Gwangju District Court's appeal.

[2012 Godan897] The Defendant is a person who operates a restaurant by employing 22 regular workers under the trade name of Yangcheon-gu Seoul Metropolitan Government C.

The Defendant had worked in the above restaurant from August 5, 2010 to November 20, 2010, and had not paid an amount equivalent to KRW 59,832,80 of the total wages of 42 retired workers within 14 days from the date of retirement without agreement between the parties on the extension of payment period between the parties, as stated in the attached list of crimes (1), including KRW 2,216,60 of the victim D’s wages, who were retired workers.

[2012 Highest 1134]

1. Around February 22, 2011, the Defendant concluded that, “A” restaurant located in the fifth-class restaurant of the department store in Yangcheon-gu Seoul, Yangcheon-gu Seoul, that, if the Defendant supplied the victim F with livestock products, such as pigs, to the restaurant, the amount of the purchase would be settled three times a month on the 10th day of each month.”

In fact, the defendant did not have the intent or ability to settle the price even if he received livestock products from the victim because the cumulative 200 million won of the above restaurant occurred due to the operation of the above restaurant, and the defendant did not pay it properly.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with livestock products equivalent to KRW 13,149,179,179, from that time to April 11, 201, as shown in the separate sheet of crime (2) by deceiving the victim and being supplied with static meat, etc. equivalent to KRW 1,589,683 at the market price on the same day by the victim.

Accordingly, the Defendant was given property by deceiving the victim as above.

2. The Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., in the “H party room” operated by the Defendant from January 1, 2010 to March 24, 2010, in the “H party room” operated by the Defendant from January 1, 2010 to March 24, 2010.

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