A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

The defendant is a person who carries on construction business as a D actual manager in Bupyeong-gu Incheon Metropolitan City D Co., Ltd.

Where a business is subcontracted for two or more occasions in a construction business, and a subcontractor who is not a constructor fails to pay wages to his workers, the immediate preceding contractor shall pay wages to workers jointly and severally with the subcontractor.

Nevertheless, the Defendant did not pay 2.1 million won of G’s wage of 2.1 million won on September 201, 2012, which was worked at the construction site of the F Hospital in E where the permanent residence is located, within 14 days from the date of retirement without agreement between the parties on the date of payment, and did not pay 6,785 million won of the wages of 11 workers as stated in the attached crime list, such as the content of the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Protocol of examination of the witness of H;

1. A written petition;

1. Application of Acts and subordinate statutes, such as wage ledgers and work daily allowances for workers;

1. Articles 109 (1) and 44-2 (1) of the Labor Standards Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be suspended of execution in full, taking into account the following factors: the fact that the crime was committed in this case; the amount of unpaid wages and retirement allowances; and the circumstances after