A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the D Co., Ltd. located in Ilyang-gu, Gyeonggi-do, Gyeonggi-do and is an employer who employs ten full-time workers and conducts apartment sale agency business.

The Defendant, from June 1, 2015 to July 23, 2015, worked at the business establishment located in Seongbuk-gu, Seongbuk-gu, Sungnam-do and then did not pay the total of KRW 7,480,000 to 15 workers as shown in the attached crime list, as well as KRW 67,80,000 to 15 workers, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, H, I, and J;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the request for sales commission and compilations (use of fees);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the Defendant and the defense counsel merely concluded a contract for the vicarious sale of lots with the Defendant, in a formal manner, to the employees in charge of organizing and selling most of the commission received from the Defendant, etc.). As such, the Defendant and the defense counsel asserted that K in a substantial labor relationship with the employees in charge of the sale of lots has the obligation to pay wages to them. However, the following circumstances acknowledged by each of the above evidence, i.e., upon entering into a contract for the sale of lots with D, K Co., Ltd., the Defendant initially operated, paid the same amount of fees to which they would have been paid under the sale agency contract, and instead, paid 80 million won from D Co., Ltd., the initial executor, and (ii) the Defendant only received 80 million won of profits from D, and (iii) the Defendant.