[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On June 20, 2019, Defendant A was sentenced to six months of imprisonment for fraud and two years of suspended execution at Suwon District Court on June 20, 2019, and the judgment became final and conclusive on June 28, 2019.

Defendant A was a personal constructor who did not conduct a construction business registration, and the construction work was performed by entering into a subcontract from D on September 20, 2018 during the Gyeonggi City E-si Construction Project. Defendant B is a representative director of D Co., Ltd.

1. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from September 27, 2018 to January 2, 2019, worked at the construction site and new E-type E-type in the Gyeonggi-si, Kimpo-si, and retired from office, did not pay 23 workers, total wages of KRW 105,450,00 within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned, as shown in attached Table 1, as well as KRW 1,00,000,000 as indicated in attached Table 1.

2. Where a business is contracted on two or more occasions under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to workers employed by the subcontractor, the immediately preceding contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;

Nevertheless, the Defendant awarded a subcontract for the part of the G new E-type E-type project that was not registered with an individual constructor, but paid within 14 days from the date of retirement without agreement on extension of the due date, even though A was unable to pay the total of 21 workers, 44,620,000 won, as shown in attached Table 2.