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

(e).

The defendant is a representative in Gwangjin-gu in Seoul Special Metropolitan City who employs ten full-time workers and operates a construction business.

The Defendant is working at the F&D site located in Gyeonggi-si, Gyeonggi-do on November 3, 2013.

Wages of retired workers G, including 4,867,200 won, were not paid 9 to 12, 14 through 17, 24, 28, 30, 32, 33, 35, 36, 43 through 45, and 49 through 53 respectively within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement of H;

1. Each statement of I, J, K, L, and M (including each statement);

1. A statement of unpaid labor expenses;

1. Application of the Acts and subordinate statutes making it known that construction workers' labor costs are partially unpaid;

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

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

1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., the fact that there is no previous conviction exceeding a fine against the defendant, and the fact that all the overdue wages in this case were paid

1. The amount of wages not paid as shown in the annexed Table Nos. 1 through 8, 13, 18 through 23, 25 through 27, 29, 31, 34, 37 through 42, 46 through 48, and each of the annexed Table Nos. 46 through 48, which is attached to the facts charged;

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Declaration of non-existence of punishment: Each written application for non-prosecution of punishment submitted on May 14, 2015 and May 27, 2015, after the institution of this case was indicted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;