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(영문) 대구지방법원 김천지원 2017.03.15 2016고단575
배임등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the statement of money and valuables in arrears in attached Form 900 shall be stated.

Reasons

Punishment of the crime

The defendant 2016 Highest 575 is a person who operates M Co., Ltd. in old and American L.

On May 20, 2013, the Defendant: (a) borrowed KRW 3.1 billion from the same branch of the Daegu Bank, Daegu Bank; (b) provided three buildings owned by the said M& Co., Ltd. and 16 points for machinery, appliances, etc. owned by the said M& Co., Ltd. as collateral; and (c) provided three hundred and sixty million points for the above factory building and 10,000 won as collateral on November 20, 2013; and (d) established a collateral by borrowing KRW 3.60,00 won from the fourth Capital of the said M& Co., Ltd. from the victim Co., Ltd.; and (c) accordingly, the Defendant had the duty to use and keep the said machinery, appliances, etc. in good faith for the victims until the victims

Nevertheless, on September 22, 2015, the Defendant, in violation of the foregoing duty, sold 28 points of factory machinery, including 22 points out of 26 points of the above machinery and apparatus, which was set up a right to collateral security to the victims on September 22, 2015, to E.S. (State) for KRW 445 million and transferred possession to E.S. (State).

As a result, the Defendant acquired financial benefits equivalent to KRW 445 million in the above purchase price, and caused damages equivalent to the same amount to the victims.

The defendant 2016 Highest 900 is the actual manager of the M Co., Ltd. located in the old-si L Co., Ltd. who employs 37 full-time workers and operates the manufacturing industry.

1. The Defendant violated the Labor Standards Act, along with the fact that: (a) the sum of KRW 6,321,196, including wages, shutdown allowances, etc., was not paid within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties, as stated in paragraph (3) of the attached Form No. 3, including the fact that: (b) the Defendant was working in the said workplace from April 15, 2015 to July 16, 2015 and retired workers’O on May 2, 2015; (c) the sum of KRW 6,321,196, such as wages, shutdown allowances, etc., was not paid within 14 days from the date of his/her retirement; and (d) the amount of money and valuables in arrears was not paid within 3,5 through 10,13,15, 17 through 19,21,22,24,24 through 30.

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