A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The correction shall be made in the same manner as the written indictment ex officio without changing the indictment to the extent that the defendant's defense right is not substantially disadvantaged.

Defendant

A as the representative director of E.S.C. in E. in E. B., upon receiving a contract from E.E. for the construction of 1,600,000,000 Won, A subcontracted the steel frame construction in KRW 200,000 among them to the G (ju) of F without a license for the construction business, and H, a personal constructor, obtained a subcontract for the construction of 135,000,000 from G (ju) of the above steel frame construction in KRW 135,00,000 from the above F’s management, and used 16 workers at all times during the construction site without a construction business license.

Where a construction business is executed two or more times and a contractor who is not a constructor fails to pay wages to his/her workers, the immediate upper-tier subcontractor shall be jointly and severally liable with the sewage constructor to pay the wages to the workers employed by the sewage constructor. In such cases, where the immediate upper-tier contractor is not the constructor, the lowest constructor from among the upper-tier contractors shall be deemed the immediate upper-tier contractor.

Nevertheless, the defendant did not pay 50,640,00 won in total for 16 workers as indicated in the attached list of crimes, including 660,000 won in wages of SH employed by H at the above construction site, within 14 days from the date of each individual's retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by J and I;

1. Application of Acts and subordinate statutes to each written petition and each investigation report (verification report, such as a construction work contract and G construction business registration);

1. Article 109 (1) and Article 44-2 subparag. 1 and (2) of the Act on the Standards of Employment for Specific Crimes (the point of payment of wages to an immediately preceding contractor) and the selection of imprisonment for a prison labor;

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 of Article 62(1) of the Criminal Act is as follows.