A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

C From July 2012 to November 201, 2012, the owner of the building that newly constructs the studio D and E in the Gu and the Defendant resided in F.

The defendant has frequently entered the construction site by making use of the residents living in the vicinity of the C's construction site, and has introduced C to his wife, and did not have concluded a labor contract with C, or did not work as an employee at the construction site.

However, as of March 12, 2015, the Defendant prepared a false complaint with the purport of having C receive criminal punishment at the Daegu Regional Labor Office Branch Office of the Korea Employment and Labor Office of 430, Nam-gu, Seoul, for the purpose of having C enter into an employment contract with C, and did not receive wages, and did not prepare an employment contract at the time of entering into an employment contract, and submitted a false complaint to C, and on the same day, he/she filed a false complaint with the Daegu Regional Labor Office Branch Office of the Korea Employment and Labor Office on the same day.

In this respect, the defendant did not appeal C.

Summary of Evidence

1. Each legal statement of witness C, G and H (in cases of witness H, part thereof);

1. A protocol concerning the examination of suspects by the prosecution against C (including the G substitute part);

1. Each police statement made against the defendant or G;

1. The Defendant was in a substantial labor relationship between C or his/her agent, and the Defendant and his/her defense counsel.

Appellanting that delayed payment of wages and failure to prepare the labor contract, etc. filed a complaint with the purport to punish C on the ground of violation of the Labor Standards Act.

In determining whether a worker is a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract, the substance of the contract should be determined depending on whether the worker provided the work to the employer for the purpose of wages in the business or workplace.

When determining whether or not there is a subordinate relationship, the contents of business are determined by the employer.