A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a real manager of Seo-gu C in Gwangju, who runs a construction business using 14 full-time workers.

The Defendant is providing labor from January 4, 2016 to January 28, 2016 at the construction site of the Newly constructed E (hereinafter referred to as “instant construction site”) in Nam-gu, Nam-gu, Gwangju (hereinafter referred to as “instant construction site”).

The amount of wages of 2,880,000 won for retired workers on January 1, 2016 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and the total amount of wages of 33 retired workers was not paid within 14 days from the date of retirement, as shown in the separate list of crimes.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made to F and G by the police;

1. Application of summary order, written judgments (No. 16), written requests for formal trial, defense counsel’s opinion, and Acts and subordinate statutes (No. 19);

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his/her defense counsel’s assertion regarding the claim of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, asserts that the defendant did not have any obligation to pay wages to workers since he/she did not receive any progress payment by October 2015, since he/she did not receive any progress payment until the construction site of this case.

The following circumstances revealed from evidence duly adopted and examined by this Court, i.e., the Defendant, upon entering into a responsible construction agreement with H Co., Ltd. with respect to the construction site of this case, received re-subcontracts the construction site of this case, and ii) employ and manage workers at the construction site of this case, and I receive a work instruction.