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전주지방법원 군산지원 2018.05.30 2017고단1180

A defendant shall be punished by imprisonment for not less than eight 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 person who actually runs a construction business using 50 full-time workers of D Co., Ltd., Ltd., which is in military, Sinsan-si.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 117,429,736 to 38 workers who were employed in the said workplace from January 2, 2017 to January 25, 2017, including KRW 1,280,00 of the retired workers E's wages in January 2017, and KRW 117,429,736, respectively, within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of Part 6 to a petition, a power of attorney, a list of petitioners, and a duty statement;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution (amended by Act No. 100 million won or more) is that there is a special reason to take account of the reason for the failure to pay the mitigated area (6 months or more to 100 million won or more) [the decision of sentencing] (the decision of sentencing has the same criminal history as the defendant], the total amount of unpaid wages is considerably disadvantageous to the defendant, or the fact that the defendant is divided into and contradictory to the defendant, and that there is

In full view of these circumstances, the defendant's age, sex, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments, such as the circumstances after the crime, the sentence is ordered within the scope of the recommended sentencing guidelines.