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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On September 6, 2018, the Defendant was sentenced to imprisonment for fraud, etc. in the Changwon District Court’s territorial branch on September 6, 2018 and appealed, and is currently pending in the appellate trial at the Changwon District Court.
The defendant is a business owner of Tong Young-si (State)C in B, who runs a construction business by employing 50 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the site of the Dong-si Construction Work, worked as a tree number from November 4, 2015 to January 18, 2016, did not pay KRW 10,000,000 to retired workers E without an agreement on the extension of the due date for payment from November 1, 2015 to January 18, 2016, and did not pay KRW 14 days from the date of retirement as stated in the details of money in arrears in the attached Form, as stated in the details of money in arrears in the attached Form, to work at the said construction site, as stated in the details of money in arrears. The Defendant did not pay KRW 19,50,000 for the total wages of two workers retired from the construction site without any agreement on the extension of the due date for payment between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes governing the filing of a complaint, a statement of daily labor costs, and specifications of wooden labor costs;
1. Relevant Articles 109 (1) and 36 of the Act on the Standards for Preliminary Labor for Criminal Facts 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;