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(영문) 수원지방법원 성남지원 2013.11.13 2012고단627
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. [2012 Highest 627] The Defendant is the representative of the “Dental Institute” in Gwangju City, who is an employer engaged in educational service business by employing 30 full-time workers.

Around January 31, 2009, the Defendant did not pay KRW 1,329,625 of the wage of January 1, 2009 to E to workers in the above workplace as of January 31, 2009, and did not pay KRW 64,582,136 of the total amount of wages of five workers from January 31, 2009 to August 31, 2010, on the last day of each month.

2. [2012 Highest 883] The Defendant is a person who operated a G Research Institute (hereinafter referred to as the “HA”) in Gwangju City in the F of Gwangju City.

On April 1, 2010, the Defendant made a false statement to the victim L through K, who is an instructor of the pertinent private teaching institute, at the K Hospital funeral hall located in Gangnam-gu Seoul, Gangnam-gu, stating that “A person would pay KRW 30 million per head, if he/she lent KRW 30 million to him/her within one year, because he/she failed to inform the constructor of the construction cost while building a private teaching institute dormitory.”

However, at the time, the defendant was unable to pay 190 million won to the instructors of the school since 2008, and even if he borrowed money from the victim due to the serious aggravation of financial status such as the debt amount in 2010 to 2.2 billion won, there was no intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received 30,000,000 won from the victim's bank account (Account Number M) in his/her own name and acquired it by deceiving the victim.

3. [Attachment 2012 Highest 2312] The Defendant, from October 11, 2010 to April 10, 2012, was in charge of the overall operation, finance, personnel management, etc. of a private teaching institute throughout the private teaching institute as the Director of the Private Teaching Institutes Operation Center in Gwangju City.

On November 23, 2011, the Defendant, at the office of the above OAF, has kept operating funds for the said OAF as an agricultural bank account in the name of P. Around that time, he/she is an individual loan interest of KRW 2,795,700.

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