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[Defendant A] The defendant A shall be punished by imprisonment for six months.
However, for two years from the date this judgment became final and conclusive, as against Defendant A.
Reasons
Punishment of the crime
[2015 Height972]
1. Defendant A’s violation of the Labor Standards Act with respect to Defendant A is an employer who runs a personal building business by using 16 full-time workers at the new construction site of the “E” located in Ansan-si, Nowon-si.
Defendant
A did not pay 3,075,00 won in total for 79,731,00 won in total for 16 workers as stated in the attached crime list, as well as 3,075,000 won in relation to F retired from the said workplace from August 19, 2013 to December 1, 2013, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. Defendant B’s violation of the Labor Standards Act on Defendant B is a constructor who operates H in Yongsan-gu G in Manyang-si and Seoyang-si, and is awarded a contract for reinforced concrete construction among the aforementioned new construction works, and is a quasi-contractor who subcontracted the above construction work to A.
Defendant
B, around December 19, 2013, as the contract amount under the contract was not paid from August 19, 2013 to December 1, 2012 of the same year, the said A had not paid the total of 79,731,000 wages for 16 workers as stated in the attached crime list, including 3,075,00 won for F retired while working in the said workplace from August 19, 2013 to December 1, 2013.
[2015 Highest 2040]
3. Around October 4, 2014, Defendant B made a false statement to the effect that “the victim K shall pay the amount to be paid after one million won, because there is a place where the money is to be paid to the victim,” at the site of the repair work in the J located in Jung-si, Chungcheongnam-si, J. In this regard, Defendant B received KRW 1 million from the victim, namely, the victim’s credit card from the victim, and then released KRW 9 million from the victim’s credit bank account (L) on the same day.
However, in fact, Defendant B is worth KRW 120 million, such as the cost of construction materials at the time.