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(영문) 의정부지방법원 2013.04.04 2012노2345
근로기준법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (2 million won of fine) of the judgment of the court below against Defendant A (unfair punishment) is too unreasonable.

B. Defendant B (Misunderstanding or misunderstanding of the legal principle) has invested money in the form of acquiring some debts by deceiving N (or Q). However, Defendant A did not take over the instant business from the above Defendant and was a transferee of business, and was not an employer who is responsible for the payment of wages to the instant workers.

2. Determination

A. As to the Defendant’s assertion, Defendant A did not have any other criminal power, and is waiting to commit a crime, the number of employees in arrears with wages is relatively many, and the amount of wages in arrears is not much than 12.4 million won, and the amount of wages in arrears is not paid up to the present day, and other factors of sentencing indicated in the instant case, including the Defendant’s age, character and conduct, environment, circumstances and result of the instant crime, etc., the sentence of the lower judgment cannot be deemed to be unfair because it is too unreasonable.

B. According to the record as to Defendant B’s assertion, around August 30, 2010, Defendant A acquired and operated the Fmaart’s business from M in the name of R, and delegated the Fmaart’s operating authority to Nonparty B around November 1, 2010; ② around that time, the Defendant (around November 8, 2010), who was seeking to acquire and operate Fmaart’s operating authority by introducing S, T, etc., shall be registered as a grain business operator in the name of Fmaart’s operating bank; on December 29, 2010, Defendant A acquired the status of 3210,000,000 won as debt owed to Fmaart’s operating bank; on January 7, 2011, Defendant A transferred its sole business operator’s business operator’s business registration; and on January 21, 201, Defendant A retired from Korea beyond 30,010, 210, 2015.

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