Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On November 4, 2016, the defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Chuncheon District Court on November 4, 2016, and the judgment was finalized on May 31, 2017.

[2017 High 231] The Defendant is a representative of Yeongdeungpo-gu Seoul Metropolitan Government D and 5th E (ju) and is an employer who has run wholesale and retail business with five 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.

Nevertheless, the Defendant employed from July 7, 2016 to September 30, 2016 at the said workplace and retired from the said workplace, and did not pay KRW 5,200,000,00 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, without any agreement on the extension of the payment period between the parties.

[2017 High 279] The Defendant is the E (main) representative located in Eunpyeong-gu Seoul Metropolitan Government Htel 902, who has operated the educational service business by using three full-time workers.

When concluding a labor contract with a worker C on January 4, 2016, the Defendant did not deliver to the Defendant a written statement specifying wages, fixed working hours, holidays and annual paid leaves under the Labor Standards Act, and other working conditions.

Summary of Evidence

[2017 High Court Decision 231]

1. Statement by the defendant in court;

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

1. Each written petition (2017 high court 279), respectively;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on details of deposit transactions;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (in a case where wages are not paid and a fine is selected) and Articles 114 subparag. 1 and 17 of the Labor Standards Act (in a case where wages are not paid)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.