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(영문) 서울중앙지방법원 2013.11.28 2013고단4117
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 4, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for embezzlement, and the judgment was finalized on February 15, 2013.

The defendant is the representative director of corporation C in the 12th floor of Gangnam-gu Seoul Metropolitan Government, who employs eight full-time workers and operates a sales agency.

From November 8, 201 to October 31, 2012, the Defendant did not pay KRW 21,958,585,585 to two workers, including the total amount of wages of workers D who worked in the pertinent company from November 8, 201 to October 31, 2012, and total amount of wages of KRW 12,971,224 to workers E, within 14 days from each date of retirement, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a confirmation report on the results of the case of embezzlement and embezzlement of a suspect);

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Reasons for sentencing: A sentence of a fine of three million won shall be imposed by comprehensively taking into account various circumstances, including the fact that the defendant has deposited the victims each five million won each after the closing of argument, the fact that the latter part of Article 37 of the Criminal Act is concurrent crimes, and multiple criminal records for the same kind of crime;

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