May 31, 2010
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No. 2 of the Eight Model Cases Issued by the Supreme People's Court: People v. Fu Dehong, for Refusal to Pay Wages
No. 2 of the Eight Model Cases Issued by the Supreme People's Court:
People v. Fu Dehong, for Refusal to Pay Wages
1. Basic Facts (一)基本案情
In July 2009, defendant Fu Dehong was running a garments factory in Huzhou City, Zhejiang Province. On November 19, 2011, due to poor management, Fu Dehong took over 10,000 yuan, and escaped to Hefei City, Anhui Province, Zhuzhou City, Hunan Province, etc. so as to evade the usury he had borrowed and to evade payment of employees' wages. The total employees' wages that defendant refused to pay amounted to more than 110,000 yuan, and defendant refused to pay even when the Human Resources and Social Security Bureau of Wuxing District in Huzhou City issued a payment order. On July 27, 2012, Fu Dehong was arrested in Zhuzhou City, Hunan Province. 2009年7月,被告人付德红在浙江省湖州市经营服装厂。2011年11月19日,付德红因经营不善,为逃避高利贷及支付工人工资,携带1万余元潜逃至安徽省合肥市、湖南省株洲市等地藏匿,拒不支付工人工资共计11万余元。后经湖州市吴兴区人力资源和社会保障局责令支付仍不支付。2012年7月27日,付德红在湖南省株洲市被抓获。
2. Judgment (二)裁判结果
After court proceedings, the Wuxing District People's Court of Huzhou City in Zhejiang Province held that Fu Dehong evaded payment of employees' wages by absconding, and the amount was relatively large. The defendant refused to pay even when the relevant government authority ordered him to pay. Such conduct constituted the crime of refusing to pay wages. Fu Dehong truthfully confessed to the facts of the crime after the case was exposed, and pleaded guilty in court, so a lighter sentence may be imposed in accordance with the law. Pursuant to the relevant provisions of the Criminal Law, it was determined that defendant Fu Dehong committed the crime of refusing to pay wages, and was sentenced to imprisonment of one year and six months in addition to a fine of 30,000 yuan. After the judgment was proclaimed, Fu Dehong did not file an appeal and the judgment has come into effect. 浙江省湖州市吴兴区人民法院经审理认为,被告人付德红以逃匿的方式逃避支付工人工资,数额较大,经政府有关部门责令支付仍不支付,其行为已构成拒不支付劳动报酬罪。付德红到案后能如实供述犯罪事实,且能当庭认罪,依法可以从轻处罚。依照刑法有关规定,认定被告人付德红犯拒不支付劳动报酬罪,判处有期徒刑一年六个月,并处罚金人民币三万元。宣判后,付德红未提出上诉,判决已生效。
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