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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
, however, the defendant from the date of this judgment.
Reasons
Punishment of the crime
Defendant
A is a person who operates corporation E, and Defendant B is a person who operates corporation F, a constructor who has registered steel structure construction business in accordance with the Framework Act on the Construction Industry.
Defendant
A around November 20, 2012, a subcontractor awarded a subcontract for steel framed, etc. among the new construction works of a G logistics warehouse from the above F, and Defendant B is a direct contractor for Defendant A awarded a subcontract for steel framed and stairs among the new construction works of G logistics, Co., Ltd.
Where a construction business is subcontracted two or more times and a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.
1. Defendant A did not pay KRW 82,619,062 for the total 25 persons as indicated in the crime in attached Table 1, including that the amount of KRW 1,425,00, working at the construction site of the above G warehouse located in Kimpo-si, Kimpo-si, around December 2, 2012, from November 22, 2012 to December 2, 2012, was not paid within 14 days from the retirement date.
2. Defendant B, around December 2, 2012, did not pay the wages of KRW 1,425,00 for total 23 persons as indicated in attached Table 2, including the fact that the Defendant did not pay KRW 76,118,074 for total 23 persons within 14 days from the date of retirement at the same place from November 22, 2012 to December 2, 2012.
Summary of Evidence
1. Statement made by the defendant A in the first trial record;
1. Defendant B’s statement in the second trial record;
1. Application of the respective laws and regulations to the statements prepared by I, J,K, L, M, N,O, P, Q, R and S
1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 109(1) and 36 of the Labor Standards Act (Defendant A), Articles 109(1), 36, and 44-2(1) (Defendant B) of the Labor Standards Act, and the choice of imprisonment, respectively;
1. Concurrent Crimes: the former part of Article 37 of the Criminal Act; and