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(영문) 서울동부지방법원 2020.05.26 2020고단324
임금채권보장법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal power] On May 18, 2016, the Defendant was sentenced to one year and six months of imprisonment due to occupational embezzlement at the Seoul Eastern District Court and three years of suspended execution, and the above judgment became final and conclusive on May 26, 2016.

【Criminal Facts】

The Defendant is a person who operated Seongdong-gu Seoul Metropolitan Government building B and D in subparagraph c from around 2001 to August 2015.

The Defendant reported himself/herself as if he/she did not pay wages in cash to 12 workers, such as E, etc., due to business difficulties, and ordered him/her to receive substitute payments instead of retirement allowances, as if he/she did not pay wages in cash.

On August 15, 2015, workers E, F G, H, I, J, K, L, M, N,O, and P, who were instructed by the Defendant, submitted a false confirmation, written statement, and the statement that they were not paid wages for three (3) months before the retirement to Q from his/her labor company on March 15, 2016, respectively, and submitted the said documents to the Seoul Regional Employment and Labor Agency, and filed a substitute payment for the amount equivalent to three (3) months prior to his/her retirement to the Seoul Regional Employment and Labor Agency.

Accordingly, the public official in charge of the Seoul Eastern District Office who does not know the above false contents recognized the bankruptcy of the defendant's workplace and the fact that the defendant did not pay the worker's wages on March 25, 2016, the worker E was 5,005,950 won for the worker E, the worker F was 3,302,230 won for the worker G, the worker I was 6,985,310 won for the worker H was 4,226,270 won for the worker H, the worker J was 7,782,290 won for the worker K, the worker K was 3,985,490 won for the worker K, and the worker M was 3,606,100 won for the worker M was 5,67,320 won for the worker, and the worker F was 3,67,320 won for the worker under the name of the Minister of Employment and Labor for the worker's deposit account 2016.

In this respect.

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