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(영문) 광주지방법원 2017.04.28 2016고단2522
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On January 13, 2016, the Defendant received a written complaint against Defendant C at the public service offices of the Sung-nam branch office of the Sung-nam Labor Agency of the 146 metropolitan employment-related branch office of the 146 metropolitan employment-related branch office.

The contents of the complaint are “Defendant C, who is the subject of the complaint, will be punished for the arrears of wages.”

“The purport was”.

On the same day, the Defendant continued to undergo an investigation as a complainant at the office of the Sung-nam branch office of the Sung-nam Labor Agency of the Jung-gu Branch of the Labor Relations Office of the Republic of Korea (hereinafter referred to as the “instant Corporation”) and stated, “The Defendant, who is the representative of E, shall be punished and punished,” on the ground that he/she did not receive any wage since he/she did not receive any wage since he/she had engaged in the management of his/her body as a worker and on-site management at the site of the E Co., Ltd. (hereinafter referred to as “E”) located in Leecheon-si (hereinafter referred to as the “instant Corporation”).

However, in fact, the Defendant contracted for construction of this case in KRW 190 million from G in the site site of E, and did not provide labor to E as a worker.

Nevertheless, as the construction cost of the instant construction exceeds the expected amount, the Defendant was unable to receive wages.

As alleged, C filed a complaint with the purport that C was “not paid to the Defendant who is an employee” for the purpose of having the E representative director C receive criminal punishment by paying excessive construction expenses.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement concerning G in the protocol of public prosecutor's statement;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement made to J and I by each police officer;

1. A standard labor contract for the daily worker employed in construction, a funding plan, a statement of transfer, a tax invoice, a record of recording (Evidence Nos. 37), a statement of daily labor costs, inquiry of the results of transfer, a report of confirmation of the details of labor, a statement of the work, and a statement of telephone, etc.

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