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A defendant shall be punished by imprisonment for one year.
However, 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
The Defendant is an employer who is engaged in the manufacturing industry by ordinarily employing ten workers under the trade name of "H" from Gangseo-gu Busan Metropolitan Government G.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant works in the workplace from May 2, 2015 to September 23, 2017.
The amount of wages, retirement allowances, total amount of 124,268,000 won, and retirement allowances of 1,100,000 won and retirement allowances of 16,563,080 won for May 2, 2017 and 6.6.00 won for retirement allowances of 14 days from the date of retirement of B, and the amount of wages, retirement allowances, total amount of 124,268,00 won for 6 workers, as described in No. 2, 4 through 6,8, and 10 days from the date of retirement of each worker, were not paid to B.
On June 16, 2016, the Defendant borrowed KRW 2.2 billion from the branch of the Green Cross Corporation in Gangseo-gu, Busan, Busan, to secure the said loan obligation, set up a collateral security right pursuant to the Act on Mortgage on Factories and Mining Foundations, with a total of nine maximum debt amounts, such as the land, building, CNC Machining five forms, jointsor 1 forms, etc. of the said company’s factory, building, CNC Maching, and jointsor 2.64 billion won, the debtor, the mortgagee of the right to collateral security, etc.
Nevertheless, on January 26, 2018, the Defendant sold CNC Maching Co., Ltd. 2 (Appraisal KRW 7,572,00,000,000 in total, KRW 15,1440,00 in total, KRW 1000,000,000) to K, and around May 2, 2018, the Defendant sold CNC Maching Co. (Appraisal KRW 75,720,00 in total, KRW 600,000 in total, around September 1, 2018.
Accordingly, the defendant conceals his own property which was the object of another person's right and interferes with the exercise of the victim's right, and at the same time, according to the Factory and Mining Foundation Mortgage Act.