beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On August 21, 2012, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor for a violation of the Labor Standards Act in order to support the High Government District Court. The above judgment became final and conclusive on November 11, 2012.
【Criminal Facts】
1. The Defendant is the actual representative of C Co., Ltd. in Gyeyang-gu, Yangyang-gu, Yangyang-gu, who is engaged in transportation business using ten regular workers.
The Defendant, at the above workplace from May 21, 201 to December 14, 201, did not pay wages of KRW 1,215,00 on July 7, 201, as well as KRW 67,165,760 on the total amount of wages and retirement allowances of 13 workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as described in attached Table 1.
2. The Defendant is the actual representative of E Co., Ltd. in Yangyang-gu, Yangyang-gu, who is engaged in transportation business using 20 full-time workers.
The Defendant, at the foregoing workplace, did not pay 76,040,360 won in total as wages and retirement allowances of 19 workers, as stated in the attached Table 2, as well as 1,565,830 won on April 4, 2011, which was worked as a driver from October 1, 2010 to October 31, 201, within 14 days from the date of retirement without agreement between the parties on extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each written statement of D, G, H, I, K, K, L, M, M, N, P, Q, R, F, S, T, U, V, X, Y, Z, AB, AC, AC, and AD;
1. Business registration certificate;
1. Current status of wages payment;
1. A list of overdue wages;
1. Application of statutes concerning criminal records;
1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Reasons for Punishment] has many records of punishment for the same kind of crime, and the wages in arrears in this case are significant.