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(영문) 수원지방법원 2012.09.26 2012고단453
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the prosecution against the violation of the Labor Standards Act is dismissed.

Reasons

Punishment of the crime

The Defendant is the representative of F Co., Ltd., a electrical construction company in Suwon-gu E from around 2003 to November 201, who operated the said company.

1. On March 11, 2010, the criminal defendant against the victim C made a false statement that “If the victim lends KRW 10 million to the victim under the name of the security loan fee of the Korea Technology Finance Corporation, he/she will repay it within one week” to the victim’s H office located in the wife G, which was located in the wife G.

However, the Defendant had no particular property at that time, while his liability reaches KRW 300,000,000, and he was unable to pay the wages to the employees working in the above F, so there was no intention or ability to pay the wages even if he borrowed money from others.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to one bank account (number J) in the name of the Defendant’s birth on the same day.

The Defendant received, in the foregoing manner, a total of KRW 16,843,00 from March 11, 201 to March 11, 201, as indicated in the attached Table of Crimes (2) from March 11, 201, money borrowed over three occasions, as indicated in the attached Table of Crimes (2).

2. Around August 30, 2010, the Defendant against the victim D made a false statement to the effect that “If the Defendant borrowed KRW 10 million to the victim D in the name of the settlement cost for the payment claim for K construction completion money, etc., he/she shall receive progress payment from K and L, and he/she shall receive progress payment, and he/she will receive the Busan M& immediately, and will receive the Busan M&, and will guarantee interest in connection with the construction.”

However, the Defendant had no particular property at that time, while the Defendant did not pay 300 million won the debt, and did not pay the wages of the employees working in the above F, and was in the state of Busan M&D, so even if she borrowed money from others, there was no intention or ability to pay it.

The defendant deceivings the victim as above.

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