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The defendant shall be innocent.
Reasons
1. The gist of the facts charged is that the Defendant is an employer who runs a construction business by employing three full-time workers in the old city C.
The Defendant, who retired from February 3, 2010 to September 23, 2013, did not pay KRW 3,300,000,00 in total from February 3, 2013 to September 2013, without an agreement between the parties on the extension of payment period, within 14 days from the date of retirement.
2. Determination:
A. According to the evidence based on the premise, the following facts can be acknowledged.
(1) A defendant and E shall be the head of the team at the construction site, respectively.
Construction work is being performed by organizing a team with three to four construction workers.
D as a side business, from 1998 to E’s team work as a construction worker.
② When necessary, the Defendant also requested E to provide human resources support.
Accordingly, the team members, such as D, worked at the construction site of the defendant at the time.
The defendant calculated the personnel expenses of team members of E on a monthly basis and gave them to E, and E divided them into D and other team members.
③ Around June 2013, the Defendant did not go together while disputing E.
However, D had requested the defendant to do so from that time until the lower end of September 2013 and had the degree of licking at the construction site of the defendant.
B. 1) As indicated in the facts charged, D, as in February 2013, KRW 30,00 ( =3 days x 100,00 won/day), monthly wage of KRW 700,00 ( =7 days x 100,00 won/day), monthly wage of KRW 90,000 ( = 9 days x 100,000 won/day), monthly wage of KRW 500,00 ( = 5 days x 100,000 won/day), monthly wage of KRW 70,00 ( = 7 days x 100,000 won/day), monthly wage of KRW 100,00 ( = 100,00 won x 100 won/day) from the Defendant, the monthly wage of KRW 100,000 ( = 100,00 won/day) was not admitted as evidence.
2) In other words, D is 30,000,000 won of the daily wage at the Defendant-related construction site from February 2, 2013 to September 2013 from investigative agencies and this court.