A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative C in Daejeon-gu, who employs three full-time workers and operates a general construction business.

When a worker retires, an employer shall pay him/her wages within fourteen days after the cause for such payment occurs.

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 22,50,000 paid monthly wages of KRW 22,50,000 from January 10, 2017 to September 10, 2017 and KRW 7,500,000 for each month from June 10, 2017 to August 2017, and each month from June 10, 2017 to September 10, 2017, respectively, of KRW 5,00,000 paid monthly wages of KRW 15,00,000 for each month from June 1, 2017 to August 10 of the same year, without agreement between the parties on the extension of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written results and statements of D;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards of Imprisonment;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no basic area (from April to August) (the person subject to special sentencing) [the decision of sentencing] [the fact that there are no particular damage recovery measures even though a considerable period of time has elapsed since the decision of sentencing], it is against the unfavorable circumstances, and the fact that there is no same kind of power, etc. shall be considered in favor of each other, and the sentence shall be determined as per the order, in consideration of the favorable circumstances.