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(영문) 대구지방법원 서부지원 2015.07.23 2014고단1485
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 1485" Defendant is the actual operator of D of bedclothes manufacturing business in Daegu-gun C.

1. The Defendant in violation of the Labor Standards Act, who entered the said company around January 13, 2013, did not pay 35,810,600 won in total of 14 retired workers as stated in the attached crime list, such as wages of KRW 2,260,00, Sept. 21, 2013, as stated in the attached crime list, to which he/she retired worker E, within 14 days from the date of his/her retirement, without any agreement on extension of the due date between the parties.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act was employed by the said company on January 9, 2012, and did not pay KRW 1,250,000 of the F retirement allowances of retired workers to the said company on October 21, 2013, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

"2014 Highest 1776" Defendant is a person who has operated a manufacturing company of bedclothes with the trade name "H" in Daegu-gun G.

1. On December 13, 2012, the Defendant in breach of trust, at the notary public’s J office located in Daegu-gu Office, Seo-gu, Daegu-gu, provided the victim K with a set of KRW 83 million equivalent to the said KRW 83 million, and conducted notarial deeds on a contract for debt repayment for security transfer, which transfers two HH machinery in the above H factories and 13 kinds of machinery.

In accordance with the above contract, the Defendant: (a) transferred the HH machinery, etc. to the victim by means of possession revision; and (b) the Defendant established the security right for the said machinery, etc. to the victim; (c) thus, there was a duty not to dispose of the said machinery

Nevertheless, on December 1, 2013, the Defendant violated the above duties, and sold 30 million won from the party who was in fact at the time of Gyeongsan-si (hereinafter referred to as the “Seoul-si”) with two HHD machinery around December 1, 2013.

As a result, the defendant acquired financial benefits equivalent to the above amount, and the victim suffered financial loss of the same amount.

2. The fraud Defendant met L at the above H office around January 2013, or “10 million won.”

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