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(영문) 광주지방법원 목포지원 2014.07.03 2014고단745
준사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of each Labor Standards Act based on unpaid wages.

Reasons

Punishment of the crime

The Defendant is actually operating from October 2003, 2003, E salt farms (permission number: F and G total area of 37,296 square meters) received from her mother D (Death on November 29, 2013) in Jeonnam-gun, Newan-gun C.

1. Quasi-Fraud;

A. A quasi-Fraud Defendant of H around October 2003: (a) around the residence of the Defendant located in the Republic of Korea, the Defendant was aware that the Victim H was unable to exercise his right to claim wages due to lack of intellectual ability; and (b) thus, the Defendant was committed as if the Victim did not have the intent or ability to pay normal wages even if the Victim was found to have performed a salt farm.

Therefore, the Defendant did not make the victim engage in the Defendant’s salt farm as well as not paying wages. From July 2007 to March 24, 2014, the Defendant did not pay a total of KRW 77,521,060 as stated in the attached Table of Crimes (1) and acquired pecuniary benefits equivalent to the same amount.

B. On February 2005, the quasi-Fraud Defendant against J made a false statement that “The victim would pay KRW 6,000,000 per year for salt farm as wages even though he did not have any intention or ability to pay normal wages because the victim J was aware that the Defendant was unable to exercise his right to claim wages due to lack of intellectual ability.”

Therefore, the Defendant had the victim engage in the Defendant’s salt farm as a salt farm and did not pay wages. From July 2007 to March 24, 2014, the Defendant did not pay a sum of KRW 68,421,060 as stated in the attached Table of Crimes (2) and acquired financial benefits equivalent to that amount.

2. Violation of the Labor Standards Act and injury caused by workers' assault;

A. Violence against Workers H (1) The Defendant is at the Defendant’s salt farm located in the Newannam-gun, Nannam-do, 2012.

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