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(영문) 인천지방법원 2013.05.13 2013고정1235
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on February 16, 2013.

[2013 fixed-term 1235] The defendant is a user who runs a construction business by employing five full-time workers as the representative of C Co., Ltd., which is located in No. 402 of the B building at Sil

The Defendant did not pay KRW 2,850,00 in total of KRW 17,10,00 in the amount of wages from July 13, 2010 to December 31, 2011 of F working at the construction site of the E Hospital in Incheon Nam-gu, Incheon; KRW 2,850,00 in August of the same year; KRW 2,850,00 in September of the same year; KRW 2,850,00 in October of the same year; KRW 2,850 in November of the same year; KRW 2,850,00 in November of the same year; and KRW 2,850,00 in December of the same year; and KRW 17,100,000 in total without an agreement between the parties to the payment.

[2013, 1342] The Defendant is an employer who runs a construction business by employing three full-time workers as a representative of C Co., Ltd., which is located in No. 402 of the B building at Si interest.

The Defendant did not pay KRW 1,813,440 of G on July 1, 201, which worked at the construction site of the E Hospital in Nam-gu Incheon Metropolitan City from January 10, 201 to October 9, 201, the amount of KRW 1,813,440 of the wage in August of the same year, the amount of KRW 1,813,440 of the wage in September of the same year, the amount of KRW 1,813,813,440 of the wage in September of the same year, and the amount of KRW 5,87,280 of the wage in October of the same year without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2013 High Court Decision 1235]

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of trading of savings banks;

1. Previous convictions in judgment: Case search and judgment (2013 High Court Decision 1342);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Copy of the benefit passbook; and

1. Previous conviction: Application of case search and judgment-related Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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