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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant, together with husband C, is an employer who produces and sells sun-dried salt using one full-time worker in Newan-gun D in the Jeonnam-gun.
1. Quasi-Fraud Defendant made a false statement to the victim G (hereinafter “F”) at the job placement office of the E and the third floor “F” on November 15, 2012, stating that “I would give 6,500,000 won per year if I have worked as salt in our salt farms.”
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 reasonable ability, so even if the victim provided labor, the defendant did not have an intention or ability to pay wages normally.
Thus, from November 17, 2012 to January 31, 2014, Defendant and C had the victim engage in salt farms operated by them, and did not pay 483,037 won in November 2012, and did not pay 15,875,897 won in total as stated in the attached list of crimes (1), thereby acquiring the same amount of monetary benefits.
2. On February 14, 2014, the Defendant embezzled KRW 370,000 in total, including the sum of the victim J’s wages of KRW 200,00,000 and the sum of the victim’s G wages of KRW 170,000, in the same manner, after having the victim J, who was in salted by the Defendant, had the victim J, who was in salted, work for cutting off soil in the above salt farm, and then, received KRW 60,00 from I and embezzled the victim’s wages of KRW 170,00 in the above salt farm.
3. An employer who violates the Minimum Wage Act pays workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Employment and Labor. As such, the hourly minimum wage of at least 4,580 won per hour during the period from November 17, 2012 to December 31, 2012, and the minimum wage of at least 4,860 won per hour during the period from January 1, 2013 to December 31, 2013.