Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 22, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and the judgment became final and conclusive on December 30, 2014.

The defendant, as the representative director in Busan Dong-gu Co., Ltd. Co., Ltd., which is in Busan Dong-gu, is a direct contractor who has subcontracted 410,000 won per household to E without a construction business license while executing the construction of machinery and equipment, machinery and fire fighting construction from among D apartment new construction works in D apartment with a contract of 10 billion won.

Where a construction business is conducted on two or more occasions, 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 (limited to wages generated from the relevant construction works) to workers he/she employs, if the subcontractor has made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall be jointly and severally liable to pay the wages

Nevertheless, the Defendant is working from November 1, 2014 to December 10, 2014 at the above construction site of E.

The retired FF’s wages of KRW 38,125,00,000 for November 2014, and KRW 1,260,00 for December 2014, including KRW 38,125,00 for the total wage of KRW 11 for piping 11 as indicated in the attached crime list, but did not pay KRW 38,125,00 for workers employed by E for the reason that the construction was suspended, without any agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police investigator against F;

1. Statement of witness to E;

1. Detailed statement of expenses for daily work and labor;

1. Contract;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning investigation reports (report accompanying written judgments);

1. Article 109 (1) and Article 44-2 (1) of the Labor Standards Act and Articles 109 (1) and Article 44-2 (1) of the same Act concerning criminal facts,

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes