A defendant shall be punished by imprisonment with prison labor 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 is an individual constructor, eight full-time workers, and a user who constructs a structural part of multi-household housing in Gyeonggi-si C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor from May 5, 2016 to August 10, 2016 at the above construction site to the retired worker D’s wage of KRW 300,000 on June 6, 2016, pro rata wage of KRW 1,700,000 on July 2016, and KRW 2,300,000 on August 2016, and KRW 300,000 on pro rata wage of KRW 7,030,00 on the total wage of KRW 7,000 on retired worker as indicated in the attached crime list, did not pay each of them within 14 days from the date of each retirement without an agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details and data of overdue wages (detaileds employed by workers);

1. The application of Acts and subordinate statutes to investigation reports (to hear telephone statements- to specify the amount in arrears with wages), investigation reports (Correction of crime sights);

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards 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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendations] and there is no person [the person subject to special sentencing] in the basic area (from April to August) of the type 1 (the scope of punishment is less than 50 million won) such as wages, etc. [the decision of sentencing] [the person subject to special sentencing] [the decision of sentence] four months, the suspension of execution of one year has already been sentenced to a fine of the same kind, which has already been sentenced to 7 times a year, and 4 times or less,

In this regard, imprisonment is selected.

However, the defendant's mistake is recognized.

The amount of unpaid wages remains 7 million won.

There is no reason to consider the reason for the failure to pay, such as the relationship with the owner.

The defendant's age, gender, and any other circumstances.