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(영문) 광주지방법원 장흥지원 2013.09.26 2013고단112
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is the actual business owner of C in Jeonnam-gun, Jeonnam-gun, who runs a construction business using 23 regular workers.

The Defendant, from January 1, 2012 to August 7, 2012, failed to pay KRW 9,935,00 of the wages of D who worked and retired in the above C, as well as KRW 9,935,00,00, in addition to the payment of the delayed payment amount of KRW 91,875,80,00 for the total amount of the unpaid money and valuables of 11 retired workers, as indicated in the attached list of crimes, did not pay KRW 91,875,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A petition or each power of attorney;

1. Application of statutes on business registration certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

1. Determination of the sentence against the defendant, like the disposition, shall be made by taking into account the following factors: (a) the total sum of wages for which the defendant was not paid for the reason of sentencing under Article 62(1) of the Criminal Act is reasonable, and the case is not minor, and the defendant has a criminal record of the same kind of crime; and (b) the defendant has no record of punishment heavier than the fine for the same kind of crime until then, taking into account the circumstances leading up to the crime, background leading up to

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