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(영문) 서울중앙지방법원 2013.06.14 2013고정260
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant of the Gangnam-gu Seoul Metropolitan Government 2013 High-level 260 is an employer who runs an insurance business with one full-time worker in Gangnam-gu Seoul Metropolitan Government C.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from February 1, 2012 to March 31, 2012 at the above workplace, and had not paid D the total of KRW 1,600,000 in February 2012, and the wage of KRW 800,000 in March 2012, without agreement on the extension of the payment deadline, within 14 days from the date of retirement.

On January 2012, the Defendant made a false statement to the victim that “Around January 2013, 2013, the Defendant was aware of the fact that the victim D was unable to be issued employment visa due to the E’s bankruptcy that the victim D worked as an intern,” thereby allowing the victim to obtain employment visa if he/she borrowed KRW 10 million necessary for the start-up cost of the company and personal use of the company, which would cause the company to be employed, and the amount to be repaid by June 2012.”

However, in fact, the Defendant was not aware of the requirements and procedures necessary for the issuance of employment visa holders, and the financial situation of the time has deteriorated, so even if the Defendant received KRW 10 million from the victim, the Defendant did not have the intent or ability to issue the employment visa to the victim and to repay the borrowed amount until June 2012.

As above, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim on January 31, 2012, KRW 100 million on February 1, 2012, and KRW 10 million on a day from February 2, 2012 to February 6, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

"2013, 260"

1. Defendant's legal statement;

1. A witness D's legal statement "2013 High Court Order 843";

1. Legal statement of witness D;

1. The application of the Acts and subordinate statutes governing account transactions; and

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