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(영문) 창원지방법원 통영지원 2018.05.25 2017고단1837
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On April 5, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act in the Changwon District Court’s branch branch, etc. On April 5, 2017, and the judgment was finalized on April 13, 2017. On September 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act in the Changwon District Court’s branch branch branch, and was sentenced to a suspended sentence of eight months for a violation of the Labor Standards Act. The judgment became final and conclusive on May 4, 2018.

[2] From March 1, 2016 to May 31, 2016, the Defendant is an employer who employs 15 full-time workers in the trade name, namely, C within a city, and employs 70 full-time workers in the trade name, namely, F in E Co., Ltd. located within a city, from June 1, 2016 to August 31, 2016, and engages in the vessel repair business, and engages in the vessel repair business by employing 30 full-time workers in the above E Co., Ltd. without any separate trade name or business registration, from September 1, 2016 to October 2016.

The Defendant, from around September 2, 2016, worked as an entertainment worker at the above workplace and on October 2, 2016, did not pay 11,300,000 won in total for four workers as stated in the attached crime list, including the amount of wages of 280,000 won in G retired workers on October 2, 2016, within 14 days from each retirement date, without any agreement on the extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H and I;

1. Each complaint, each complaint, and a written statement of the complainant;

1. Previous convictions in judgment: Investigation report (verification during the period of probation), sentence, and inquiry of criminal history data, and the application of statutes governing criminal history data;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendations;

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