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(영문) 대구지방법원 2015.05.15 2013고단7100
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of the Dweing in Daegu Suwon-gu, who is an employer who employs four full-time workers.

The Defendant is working in the above workplace from January 2, 201 to November 30, 2011.

Workers E’ wages of KRW 1,100,000 and labor from around December 1, 201 to September 201.

A retired worker F was not paid KRW 7,933,30 of wages from June 201 to September 201, 201, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F in the ten-time protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes respectively of the investigation report (the report on confirmation of the circumstances, etc. of the payment of counterpart E wages by the complainant), business registration certificate, and details of payment received

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The summary of the assertion was that the Defendant paid the worker F’s wages.

2. The following circumstances revealed by the evidence presented in front of the judgment, namely, ① the Defendant was investigated by the Prosecutor’s Office, and the Defendant paid the benefits up to May 201, and the Defendant brought up the two-month benefits from the low saving depository. The Defendant would bring the F into the National Treasury’s benefits at the time. Accordingly, the F would ultimately bring the F into the National Treasury’s benefits up to September. Accordingly, it was recognized that the Defendant did not pay the benefits up to the limit of one month and twenty-nine (1) months since the payment was not made. ② the Defendant was investigated by the Prosecutor’s Office.

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