A fine of KRW 1,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 1,00,000 for the crime No. 2 in the judgment.

Punishment of the crime

On October 21, 2015, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Incheon District Court. On October 29, 2015, the judgment became final and conclusive on October 29, 2015. On June 23, 2017, the Incheon District Court was sentenced to eight months of imprisonment for fraud, and the judgment became final and conclusive on July 1, 2017.

The defendant is a representative of the Seo-gu Incheon Metropolitan City C building, 101 and 102, who runs a communications device sales business using five full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

[2017 High Court Decision 2572]

1. Nevertheless, the Defendant did not pay 18,06,420 won in total, including KRW 3,500,000, the wage of KRW 1,500,000 in November 5, 2015 and the wage of KRW 2,50,000 in December 2015, as shown in the attached Table of Crimes, within 14 days from each retirement date, without agreement between the parties on the extension of the payment date between the parties.

[2017 High Court Decision 2652]

2. Nevertheless, the Defendant failed to pay KRW 4,00,000,000 as wages of KRW 2,000,000 in September 1, 2015 and October 31, 2015, without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. The defendant's legal statement (as at the trial date in the second and third instances);

1. Each criminal complaint, each written complaint, and each written complaint;

1. Previous convictions: Inquiry about criminal history, results of search of each case, and application of Acts and subordinate statutes;

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 same Act;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that Article 39(1) (the violation of the Labor Standards Act for Workers F and judgment shall be made.