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(영문) 서울중앙지방법원 2012.11.15 2011고단5946 (1)
근로기준법위반
Text

A defendant shall be punished by imprisonment for six 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

On November 6, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court for one year and two months, and the above judgment was finalized on December 22, 2011. The Defendant and F are the joint managers of (ju) H in the fifth floor of Songpa-gu Seoul Metropolitan Building, and are the users who employ 60 full-time workers and operate real estate sales business.

Defendant and F are working at the same workplace around November 24, 2010.

The sum of wages of retired workers I is 792,00 won not paid within 14 days from the date on which the cause of the payment occurred without an agreement on the extension of the due date between the parties, as shown in the attached Table of Crimes (excluding No. 20, 22, 24) between around that time and January 12, 201.

The total amount of wages of 22 retired workers was not paid 31,200,473 won within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. The legal statement of the Kim Il-il;

1. Statement made by a witness F in the third protocol of the trial, and a witness A in the fourth protocol of the trial;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of J, K, L, M, N,O, P, Q, R, and S;

1. The statements of T, U, V, W, X,Y, C, Z, AA, I,B, and AC;

1. Each written petition, each letter;

1. Partial certificate of each registry;

1. Previous records: A criminal investigation report (information on the relevant case and a report attached to the judgment), application of the Acts and subordinate statutes of case search;

1. Articles 109 (1) and 36 of the Labor Standards Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (including the fact that the amount of damage is relatively small and that considerable effort is made to repay damage, etc.);

1. The Defendant and F, on December 13, 2010, work at the workplace above (H) around December 13, 2010.

(b) retirement.

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