A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is an employer who has employed five full-time workers under the trade name of “D Co., Ltd.” in Si interesting City Co., Ltd. and engaged in construction business.

The Defendant, as indicated in the list of crimes in the attached Form, failed to pay the total amount of KRW 20,541,000,000 to the six workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline, while working in the Yeonsu-gu Incheon E site from May 10, 2016 to June 16, 2017, for retired workers F, within 250,000 from March 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to A, G, H, I, and J;

1. A statement of F and K;

1. The calculation of average wages and retirement allowances, written agreement on partial participation in the construction, materials for adjustment of wages; and

1. Application of Acts and subordinate statutes to calendar photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the grounds for sentencing, etc. being taken into account] (The scope of the recommended sentence] where there are grounds for special consideration for the reasons for the failure to pay the mitigated area (one to six months) [the person subject to special mitigation] [whether probation is suspended or not] - Where there are reasons for special consideration for the reason for failure to pay: General consideration - where there are reasons for special consideration for the reason for non-payment - general consideration: there is no positive reflection, there is no criminal conviction or more, it is obvious that there is a social relation between the person subject to the above sentencing and the person subject to the suspended sentence; the defendant has been able to pay the wage claims together with the person subject to the above sentencing; the defendant has been able to pay the wage claims; the amount of unpaid wage; the defendant's character and behavior, health, environment, etc.