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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the violation of the Labor Standards Act against victims C, D, and E.
Reasons
Punishment of the crime
The Defendant, as the representative of the limited-liability company I located in Jeonju-si H, Jeonju-si, who runs wholesale and retail business using 13 full-time workers.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working at the pertinent workplace from October 28, 2010 to April 30, 2013.
The retirement worker J did not pay KRW 1,100,00 of wages and KRW 1,30,000 of retirement pay as well as KRW 2,30,00 of retirement pay on April 2013, as stated in attached Table 2, 3, 4, 9, and 14, and the total amount of KRW 50,017,697 of the nine employees’ retirement pay and KRW 6,95,930 of the nine employees’ retirement pay to the said workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.
On September 14, 2013, the Defendant stated that “Around September 14, 2013, the Defendant would pay KRW 100 million by adding the principal and interest of KRW 10 million to KRW 90 million after the month when he/she borrowed KRW 90 million.”
However, as at the time, the defendant had a total of KRW 2.7 billion debt, even if he received KRW 90 million from the victim, he/she had the intent to use it for the repayment of the existing debt, and there was no ability to pay the principal and interest to the victim until October 14, 2014.
The Defendant received 90 million won from the victim to the Defendant’s account on the same day.
Accordingly, the defendant was delivered KRW 90 million by deceiving the victim.
Summary of Evidence
1. Statements made by the criminal defendant in the first protocol of the trial, which fit for such statement;
1. The police statement of K;
1. F L. L.