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(영문) 광주지방법원 목포지원 2014.07.24 2014고합50
준사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who ordinarily employs four to six employees, who run salt farms (a approximately 5,400 square meters) and a new spawn in front of the Defendant’s dwelling place in the Jeonnam-gun, Newanan-gun (a approximately 7,500 square meters), and who ordinarily employs four to six employees.

1. Quasi-Fraud Defendant introduced victim I to salt farm employees from the job placement service provider (one named “H”) in his/her name in the Gumna F around October 2008 at the Gumna’s establishment located in Gumna F.

Based on the fact that the victim lacks intellectual ability (I Q 79), the social ability is merely 7 years and 8 months, and it is difficult to make reasonable judgment on the situation, the fact was committed as if the victim did not have an intention or ability to pay normal benefits to the victim, and the victim did not have an intention or ability to pay normal benefits to the victim, thereby having the victim work in the salt farm and the new marbro, which he operated, and having the victim take the work

Accordingly, the defendant made a false statement to the victim that "if you work in our salt farm, the defendant will pay 4 million won per year."

Therefore, the Defendant had the victim do work at the Defendant’s salt farm or the new food farm, and did not pay KRW 852,020 (minimum wage standard) to the victim on November 2008, as shown in the attached Table 1, from that time until January 2014, and did not pay the amount equivalent to KRW 62,192,940, as shown in the attached Table 1.

Accordingly, the defendant acquired property benefits equivalent to the above amount by taking advantage of the mental disorder of the victim.

2. An employer in violation of the Labor Standards Act, even though he/she did not assault a worker for the occurrence of an accident or for any other reason;

A. At around July 2013, the Defendant stated that “I am a misunderstanding of water, I am this son,” on the ground that the Victim J (54 years of age) mistakenly puts seawater into seawater in the Defendant’s D salt farm.”

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