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(영문) 대전지방법원 논산지원 2018.07.06 2017고단621
횡령등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

[criminal record] On July 21, 2017, Defendant A was sentenced to a suspended sentence of two years in August 2, 2017, due to the violation of the Labor Standards Act in the Daejeon District Court’s Support for Seosan, etc., and the judgment was finalized on February 2, 2018.

[2] From February 1, 2013 to February 1, 2013, Defendant A served as U representative director of U corporation, Defendant B as U corporation’s auditor from March 31, 2015, and Defendant B as U corporation’s auditor. From May 21, 2016 to May 21, 2016, Defendant A was in charge of overall business affairs concerning the company’s operation, such as the management of the subsidiary.

The Defendants entered into a contract for the reservation of ownership that the injured party would have ownership to the original body from July 2016 to January 2017, when the injured party was transferred to the injured party C Co., Ltd., and was provided with an additional 276,633,97 won at the market price from the injured party from July 2016 to January 2017.

The Defendant, while keeping the above original body for the victim, did not pay the original body price to the victim from July 2016 to January 2017, the Defendant produced and arbitrarily used the other company's water shoot with the original body of KRW 255,252,449 at the market price owned by the victim from July 2016 to January 2017.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. Defendant A of the 2017 Highest 729 [Defendant A] is an employer who runs the water shoot manufacturing business as the U representative director in Seosan-si (ju).

(a) Where an employee unpaid from wages dies or retires, he/she shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from August 1, 2014 to December 31, 2016, the Defendant did not pay KRW 41,550,172 in total for six workers of the attached crime list (1) from August 1, 2014 to December 31, 2016, within 14 days from the date of retirement without agreement on the extension of payment period between the parties.

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