However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor.

The Defendant is the representative of the D(State) located in Chungcheongnam-gun, and subcontracted the construction of the structure at the site of the E-Foundation located in Chungcheongnam-si, Chungcheongnam-si, to the Private Building F in KRW 425,651,000.

The Defendant did not pay KRW 103,836,00 out of the work price to the above F, and the F did not pay the total of KRW 101,290,000,000 for 13 workers as indicated in the attached list of crimes, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date. The Defendant also did not pay the total of KRW 101,290,000 to the above 13 workers within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to petition, statement of labor cost, confirmation of trade name, details of payment of the payment of the construction cost, reply to the results of transfer processing, and payment;

1. Relevant Articles 109(1) and 44 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage caused by the instant crime is enormous, thus, choice of imprisonment.

However, it shall be taken into account the fact that the defendant has been led to confession, is in profoundly against himself, and has repaid KRW 15 million out of the amount of damage.

In this context, considering various circumstances such as the defendant's age, character and conduct, health, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.