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(영문) 제주지방법원 2019.02.13 2018고단864
근로기준법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 864" Defendant is an employer who employs daily workers and engages in a building business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from September 26, 2016 to January 14, 2017, employed the Defendant to pay KRW 200,000 per day, and then did not pay KRW 8,40,000 to workers G who worked at the Jeju F New Construction Site, etc. within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant of "2018 Highest 1372" is a person who has been engaged in construction business under the name of "I" in Jeju-si.

1. On December 28, 2016, the criminal defendant against the victim B made a false statement to the victim B that “The victim B will have a new construction of a Ma restaurant located in the L in the Seopo City of Seopopo City of Seopopo City of Seopo, Jeju, with the construction cost of KRW 435,00,000.”

However, the Defendant did not have any particular property, and the obligation borrowed from an individual due to the construction cost of another construction site reaches KRW 150 million, and the construction cost of another construction site was paid to prevent construction cost of another construction site. Therefore, even if the victim received the construction cost, there was no intent or ability to normally perform construction work.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) around December 28, 2016, the Defendant received KRW 125,000,000 under the name of the victim for advance payment; (c) KRW 12,000,000 under the name of the victim for advance payment; and (d) around January 12, 2017, the Defendant received KRW 30,000,000 under the name of the account in the name of the Defendant for advance payment, as well as KRW 12,00 under the name of the victim for advance payment.

2. On January 3, 2017, the Defendant committed fraud against the Victim Q Q from the victim Q Q at a new restaurant construction site located in N in Seopo-si, Seopo-si.

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