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 a user who runs a private construction business with 15 full-time workers without any separate trade name or business registration after receiving a subcontract for the construction of a mold and steel bars from the Gangnam-gu Seoul Metropolitan Government Steering Committee.

The Defendant, from February 28, 2017 to the above workplace, worked as a cover of the mold, and on May 15, 2017, the Defendant failed to pay the total of KRW 61,180,000 to 61,180,000 of the wages of 11 workers from March 1, 2017 to May 15, 2017, as shown in the list of crimes in the attached Table, without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to a complaint and a petition;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Type 2 (at least 50 million won, less than 100 million won) basic areas (from April to one year): 1 step increase in the type of punishment (no person subject to special sentencing) as a result of the combination of identical concurrent crimes, as a result of non-payment of accrued amounts, such as wages, etc.

3. The fact that the total amount of unpaid wages does not include a small amount of accrued wages, the damage recovery for the victimized workers has not been made at all, the fact that there was a history of being punished by a fine twice for the same crime, the fact that it appears that the victimized workers had been forced to contact with the victimized workers without paying wages, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, circumstances after the crime, etc., and sentencing guidelines for the Supreme Court sentencing committee, are comprehensively considered.