A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a full-time worker of 100 full-time workers in the name of D (State) E located in Tong-si, and is an employer as a person in charge of business operation of ship block by using 100 workers.

From July 28, 2015 to September 29, 2015, the Defendant, while working in contact with the pertinent workplace, did not pay KRW 36,541,000 for the total amount of wages of 11 employees, as shown in the attached crime list, as stated in the attached crime list, as well as KRW 2,00,000,000, of 36,541,000 for each employee, within 14 days from each retirement date, without any agreement on the extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each criminal complaint and a petition;

1. A copy of each payment note, each payment note, the quantity team subcontract contract;

1. Application of Acts and subordinate statutes on list of shareholders and partial certificates of registered matters;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommended sentences] The basic area (from April to August) (no person who is subject to special sentencing for a period of not more than 50 million won) of the basic area, such as wages, etc. for offenses violating the Labor Standards Act;

2. Although the Defendant’s decision on the sentence in arrears is relatively few, the Defendant is unable to pay the overdue wages at all.

However, considering favorable circumstances, such as the fact that the defendant is attempting to commit a crime, the fact that the defendant was punished for the same kind of crime or has no record of punishment in excess of the fine, etc., the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the records and arguments, such as circumstances after the crime, shall be determined as ordered.