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(영문) 서울중앙지방법원 2015.05.27 2015고단1166
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the user who has been engaged in software development and supply business as the representative director of the Gangnam-gu Seoul Metropolitan Government C Co.

From May 2, 2007, the Defendant did not pay the total of KRW 14,900,001 and retirement allowances of KRW 18,134,303 as well as the total of KRW 12 of the wages of the retired workers from office around June 30, 2014, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement on the extension of the payment due date with K and the extension of the payment due date, as stated in the attached list of crimes (except for this case No. 3, 8,10,12, 15, and 18), as well as the total of wages of 12 workers, 19,361,986, and 10 retirement allowances, total of KRW 104,054,058,058, respectively, within 14 days from the date of occurrence of the cause for payment, without agreement on the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on L, M, N, K,O, P, Q, R, S, and T (Evidence No. 56);

1. Application of each petition, a calculation statement of retirement allowances, a detailed statement of transactions by benefit account, a detailed statement of wages, an annual salary contract, a wage ledger, and an Act and subordinate statutes for admission to data;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Part concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act;

1. The summary of the facts charged is the user who has engaged in software development and supply business as the representative director of the Gangnam-gu Seoul Company C Co., Ltd.

From July 1, 2011 to June 30, 201, the Defendant, while working in the above company, did not pay the total of KRW 8,056,853 and retirement allowance of KRW 7,857,250 as well as KRW 3,8,10,10,12,15, and 18 as shown in the annexed list of crimes.

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