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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant of the wages in arrears of B is the employer who ordinarily employs seven workers as the representative director of the stock company B in Scheon-si, Inc., and operates painting and steel structure manufacturing business.
The Defendant did not pay the D’s wage of 1,947,280 won in October 2014, which was worked as a field management position from August 15, 2014 to October 31, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. The Defendant in arrears is the actual manager of E in the Sacheon City, who employs 40 full-time workers and operates painting and steel structure manufacturing business.
From December 8, 2014 to February 7, 2015, the Defendant did not pay 25,167,500 won of the total wages of 13 workers within 14 days from the date of each individual’s retirement, including D’s wage 1,00,000 won in February 2015, which was worked as a deputy head of the field management division, as shown in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. G statements;
1. Details of confirmation of facts, such as the original notarial deed and telephone;
1. Application of Acts and subordinate statutes to each written complaint and each written complaint;
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. In light of the fact that the Defendant’s delayed payment of wages is not smaller than the amount of wages for the reason of sentencing under Article 62(1) of the Criminal Act, the Defendant’s liability for the crime of the suspension of execution is not minor.
However, the fact that the defendant reflects his criminal act, the fact that the defendant paid the victim H's overdue wages, the defendant must faithfully pay the delayed wages, etc. in the future, and the other criminal records are not only subject to criminal punishment once for this paper crime before about 20 years.