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(영문) 대전지방법원 천안지원 2020.03.26 2019고단1451
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant of "2019 Highest 1451" is a user who runs a construction business as the representative of the building B and D in the Seo-gu, Seoan-gu, Seoan City.

From August 14, 2018 to September 7, 2018, the Defendant did not pay 117,930,000 won in total of 16 workers’ wages within 14 days from the date of retirement without agreement between the parties to the extension of the due date of payment, as shown in the list of crimes, as well as 2,570,000 won in August 8, 2018, 2018, which was worked at the construction site of the new building of the Kapeta building located in Seo-gu, Seo-gu, Nowon-gu.

The Defendant is a person who has been engaged in a construction business under the trade name of “D”.

On January 5, 2018, the Defendant entered into a contract with I, the owner of the building, for the new construction of the building in two lots of land, such as Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, and the construction cost of KRW 580,00,00. On July 5, 2018, the Defendant entered into a contract with J for the construction of the building in the form of KRW 247,00,000 with J as to the construction of the building in the form of the new construction cost, and the Defendant was paid from I for KRW 480,00,000 as the name of the construction cost for the new construction work, but did not complete the construction within the originally agreed period and did not complete the construction within the initially agreed period, and the victim K, the husband of J, who was responsible for performing the construction in the form of funds for each of the above construction, did not promptly request the Defendant to promptly complete the construction work in advance due to the lack of funds.

However, at the time, the Defendant, even if receiving the construction cost in advance from the victim, was the intent to use it for the personal purpose, and there was a debt of KRW 200 million, such as labor cost, while there was no property owned by the Defendant, so even if receiving money from the victim as the compensation for the construction cost.

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