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Defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
From April 10, 2007, the Defendant is a business owner who operated “D”, which is a garment processing company in Category C 1 at the time of strike.
1. Where a person who violates the Wage Claim Guarantee Act makes a substitute payment by fraudulent or other illegal means in the course of the discontinuation of business or the discontinuation of business due to the declaration of bankruptcy, the decision to commence rehabilitation procedures, or the recognition of bankruptcy, etc. by the Minister of Employment and Labor, and it is judged that a retired worker has no ability to liquidate wages, retirement allowances, etc. not paid due to the said causes, the person shall pay wages for the last three months which have not been paid to the retired worker, retirement benefits, etc. (hereinafter “substitute payment”) on behalf of
shall not be paid by the Corporation.
Defendant
Since several years ago, the garment processing business has deteriorated, and the profitability has deteriorated, and there was no retirement from office on May 12, 2010, nor was the Defendant’s business suspended around that time, the Defendant’s business was issued an order to pay the amount of 112,259,69,000 won in total for the last 3 months of the 16 employee, and the retirement allowances for the last 3 years as if the 16 employee retired from office due to the suspension of business. Based on this order, the Defendant filed an application to distribute dividends to the above building owned by the Defendant, which was in the course of the public auction, but failed to obtain the substitute payment by unlawful means in early 2011.
A. In fact, from February 201 to April 201, there was no delayed payment of wages of workers for three months from the end of April 201, and from April 201, E would have to take over and operate the above business to pro-Japanese E, while E would pay deposit of KRW 30 million to F (the lessor of a building where the above place of business is located and the number of the defendants) or purchase the machinery used at the above place of business to G (mortgage) with KRW 12 million.