A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant concluded a labor supply contract with C Co., Ltd. (hereinafter referred to as “C”) and recruited field workers at the construction site, and provided them with labor at the construction site C, “the head of the work team (the head of the off-site team)”.

C is a company engaged in the business of manufacturing and installing metal and steel structures, such as pressings, pressings, presses, etc., and has been performed by a construction company such as D (hereinafter referred to as D) and E (hereinafter referred to as E) by receiving a subcontract for the construction metal portion of the construction company ordered by a construction company.

D Since December 17, 2010, around December 17, 2010, around March 2, 2011, the project was discontinued due to the final default of payment.

1. Each of the following persons, including the Defendant who was denied a substitute payment related to D, provided labor to D construction site from November 201 to December 201, 2010 as an employee employed in C. Except for such cases, the said employee did not provide labor to D construction site during the said period, and C received most of the wages from D construction site during the said period. Ultimately, the Defendant et al. was not a direct employee of D, and thus, was not entitled to apply for a substitute payment under the Wage Security Act on the ground of D bankruptcy.

Nevertheless, around December 17, 2010, the Defendant conspired with C’s actual manager F and D management division G to apply for substitute payment with the appearance as if D had employed the Defendant directly and did not pay wages, in order to compensate for losses incurred by D due to D’s default.

According to such public offering, the Defendant: (a) sent the documents related to the application for substitute payment, such as the head of the Tong, to C staff H on September 1, 201; and (b) the above G, after collecting a daily work report at the site, submitted to the Seoul Western Employment Labor Branch on June 22, 201, the damaged person who was present at the above labor office and submitted it to the Seoul Western Employment Labor Branch; and (c) stated that the Defendant is a worker affiliated with D and the overdue wage is the fact.