A defendant shall be punished by imprisonment for four 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

On January 23, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Labor Standards Act at the District Court of the Republic of Korea on January 23, 2019, and the said judgment became final and conclusive on January

Criminal facts

On November 7, 2016, the Defendant stated that “In-house Seoul Metropolitan Government, the Defendant was awarded a contract from the owner of the new construction of the first floor and third floor multi-family house of the Dongjak-gu Seoul Metropolitan Government C building and the third floor of the ground, and that he would be entrusted with tin work among them. The Defendant would pay the construction cost of KRW 15.5 million in cash immediately after the completion of construction work.”

However, in fact, the Defendant received the construction cost from D on June 2016 and used it as wages for the employees in the above construction site, etc., and did not pay the amount equivalent to KRW 11 million to other employees in the construction site. Therefore, even if the victim completes the construction work, the Defendant did not have any intent or ability to pay the construction cost as agreed upon.

The Defendant entered into a standard subcontract agreement on construction works with the victim at the above end, and on December 2016, the victim completed the construction work, thereby acquiring property profits equivalent to the amount of KRW 15,500,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The range of recommendations according to the sentencing guidelines [decision of types] and the range of recommendations [type 1] fraudulent offenses [type 1] below KRW 100 million [Special Convict] - Reduction element: In cases where punishment is not granted or significant damage has been recovered, reduction range of punishment (the scope of recommendations and recommendations) and imprisonment.