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(영문) 광주지방법원 해남지원 2019.02.21 2017고단465
준사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living in Jeonnam Navy B, and is engaged in agriculture.

1. Quasi-Fraud and Welfare of Disabled Persons C in violation of the Act on Welfare of Disabled Persons came to know of the Defendant-friendly E through the introduction of the type D, and since 1994, the Defendant-friendly E was provided with the Defendant-friendly E accommodation at the Kim Factory operated by the Defendant-friendly E, and around 1997, when a fire occurred in the Kim Factory, the Defendant was able to take advantage of the victim who did not have any place, work as an employee, and work as an agricultural employee, and take advantage of the fact that the victim was unable to exercise his right to claim normal wages due to lack of intellectual ability.

Therefore, even though the Defendant had a victim employed as an agricultural employee on January 2001, the Defendant did not pay the said amount of KRW 421,490 (minimum wage standard) and did not pay the said amount of wages totaling KRW 159,767,220 from that time to January 2017.

As a result, the Defendant acquired property benefits equivalent to KRW 159,767,220 using the mental disorder of the victim, and committed an unfair profit-making act using the disabled.

2. An employer who violates the Labor Standards Act shall pay workers in full wages in currency at least once a month on a fixed date;

Nevertheless, the Defendant, around January 2013, did not pay KRW 1,098,360 (minimum wage standard) to agricultural workers C from that time until January 2017, and did not pay KRW 59,028,380 in total, as indicated in the attached Table Nos. 145 through 193, as well as the amount of wages from January 2017.

Summary of Evidence

1. The defendant's legal statement (the statement on the 9th trial date);

1. The prosecutor's statement concerning the F;

1. Each legal statement of C, G, H, I, J, and K;

1. Each police statement on L, E, M, or N;

1. A family relation certificate, a certified copy, and a certified copy of resident registration;

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