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(영문) 광주지방법원 목포지원 2017.05.19 2016고단1488
준사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 1488"

1. Quasi-incrimination Defendant is a person who operates a D’s business owner, and a swine stable in South Korea-U.S. C.

On September 18, 2001, the Defendant got the victim G, who was living in F’s house located in H, with the victim’s intellectual ability, was lacking, and used that the victim’s intellectual ability was insufficient to distinguish and make decisions, and that the victim could not exercise the right to claim wages normally, and had the victim paid wages without the victim’s intent or ability to pay the normal wages, and had the victim work in D operated by himself at the same address, and had the labor force taken up.

On January 1, 2010, the Defendant employed the victim as a swine white and disinfection assistant duty and had the victim performed work.

However, in fact, the defendant was aware that the victim was unable to exercise his right to claim wages due to lack of intellectual and social ability, so even if the victim provided labor, there was no intention to pay wages normally.

Therefore, the Defendant did not pay the victim a salary of KRW 928,860 (the minimum wage amount published by the Ministry of Labor) to be paid to the victim on January 31, 2010 after he/she continued to work at his/her farm, and did not pay the victim a salary of KRW 76,830,960 from that time until December 9, 2015, as indicated in the attached Table 1 list of crimes committed in attached Table 1.

Accordingly, the defendant acquired property benefits equivalent to the above money by making the victim work with the mental disorder of the victim.

"2017 Highest 215"

2. The Defendant in violation of the Labor Standards Act is a person who employs three full-time workers on the trade name “D” in the South-westan-gun C before, and operates a swine stable.

An employer shall directly pay wages in currency to workers in full, and wages shall be paid at least once a month on a fixed date.

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