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(영문) 서울서부지방법원 2018.11.09 2016고단502
근로기준법위반등
Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 166,00,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The defendant of "2016 Highest 502" is a user who runs a construction business using two full-time workers as the representative of Mapo-gu Seoul Metropolitan Government E (State).

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, on May 18, 2015 through July 16, 2015 at G site, worked as a tree and was retired workers H’ wage of KRW 1,045,00 on June 6, 2015, and KRW 3,230,000 on July 2015, as indicated in attached Table 1, did not pay KRW 69,790,000 in total of 30 workers’ wages within 14 days from each retirement date without agreement on the extension of the payment date between the parties.

From October 2013, the Defendant was a person who operated the carpet in the name of "F" in Mapo-gu Seoul Metropolitan Government I from around October 2013. Since around January 2014, it was difficult to operate 300 million won by lending money from bond business operators, etc., such as failure to pay personnel pay. In addition, even if the Defendant received money from the victims for the purpose of registration of the construction business or food manufacturing business, etc. for food franchise business, without obtaining permission for food franchise business, he did not have any intent or ability to cause the victims to normally perform artificial work or to have the victims operate the franchise franchise.

Nevertheless, the defendant tried to commit as if the defendant is operating a carpet franchise business in a successful manner, and to acquire money by deceiving victims.

1. Fraud;

A. 1) The Defendant is to use the victim J for a car page.

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