Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Punishment of the crime

Defendants are employers who ordinarily employ seven workers at all times to engage in the manufacturing and installation business of machinery, etc. as joint representatives of “E” located in Mayang-si, Namyang-si.

Defendants conspired to serve in the said workplace from February 28, 2014 to October 27, 2014, and did not pay within 14 days from each retirement date without agreement on the extension of payment deadline, as stated in the attached crime list, including KRW 100,000,000 of workers F, who retired from the said workplace, as well as KRW 100,000,000,000 for the total wages of five workers, as stated in the attached crime list.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by each prosecution with respect to G and H;

1. Investigation report (E organization map and emergency communication network), organizational chart, etc.;

1. Investigation report (Submission of e-mail related to business instructions), e-mail, etc.;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes, such as the current status of personnel expenses payable, payment notes, and certificates;

1. The Defendants’ grounds for sentencing under Article 109(1) and 36 of the pertinent Act regarding criminal facts, and Articles 109(1) and 36 of the Labor Standards Act, and Article 30 of the Criminal Act (the choice of imprisonment) are that each of the workers listed in the separate sheet will settle unpaid wages on December 2014.

On the other hand, on the other hand, on December 16, 2014, the obligation for the construction cost for the Han Heavy Industries, transferred to K, making it extremely difficult to recover the unpaid wages.

In addition, the employees received a provisional attachment order on January 8, 2015 on the above contract price claim, and the Defendants filed a lawsuit with the investigative agency to the effect that there was no damage due to the security of accrued wages due to the provisional attachment.

However, in fact, the workers filed a claim against Defendant A and K such as the cancellation of the intentional injury, etc., and continue to exist in the Gwangju High Court 2016Na41, which can recover the unpaid wages only if they win the lawsuit in the above civil procedure.

On the other hand, Defendant B recognized the facts charged in this court and partly paid unpaid wages to three of the workers.