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(영문) 의정부지방법원 고양지원 2015.11.19 2015고단2081
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

[Criminal Justice] On December 23, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. in the Jung-gu District Court Goyang Branch on April 7, 2015, and the judgment became final and conclusive on April 15, 2015. On June 4, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud in the Jung-gu District Court Goyang Branch Branch on September 8, 2015, and was dismissed on September 16, 2015 by the Jung-gu District Court on September 23, 2015.

【Criminal Facts】

The defendant is an actual operator of Goyang-gu CD located in Soyang-gu Seoul, who runs a construction business with five regular workers.

The Defendant, while working for the foregoing company from April 14, 2012 to June 15, 2012 as an employee, did not pay KRW 22,700,000 in total for three retired workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 3,90,000,00 in total, for three retired workers, as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F, E, and G;

1. Statement by the police appellant against F and G (two times);

1. Statement by the police investigator against F (three times);

1. Data on the details and output records of the unpaid case;

1. Previous records of judgment: Application of Acts and subordinate statutes to a defendant's statutory statement, criminal records, previous records of disposition and results of confirmation of his/her previous records, investigation reports (including a copy of judgment);

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The record of punishment of a fine for the same crime of a defendant, the amount of overdue wages, the details of overdue wages, the equity in cases where the judgment was rendered simultaneously with the final judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and other criminal records, age, character and conduct of the defendant.

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