However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant is an employer who is a person in charge of the operation of a vessel processing business, employing 15 full-time workers under the trade name of “(State)D” located in Gyeongnam-gun B.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant, from January 18, 2016, did not pay KRW 8,600,000, monthly wage of KRW 4,300,000, monthly wage of May 2016, and KRW 8,600,000, monthly wage of KRW 4,300,000 for June 2016 as indicated in the attached crime list, as shown in the attached crime list, as well as KRW 81,30,00,00, monthly wage of KRW 12 employees on the 25th day of May 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of special judicial police officer to E;

1. Application of Acts and subordinate statutes on the authentic list;

1. Relevant Article 109(1) and 43 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 43 of the Act on the Selection of Punishment, and Selection of Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the amount of wages, etc. payable [type 2] 50 million won or more, the amount of less than KRW 100 million [Special Sentencing] (the scope of recommended fields and recommendation types], the basic area of the punishment, and six months to one year.

3. Although the amount of the final determination of the sentence is not less than a certain amount, there is insufficient evidence to deem that the Defendant had committed the instant crime, such as entering into a labor contract without any intention to pay wages from the beginning, and some damage is recovered by the original contractor by directly paying the victims’ wages.