A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

1. On May 26, 2014, the Defendant is a person engaged in the construction business, who worked for H Co., Ltd. (hereinafter referred to as “H”) with the temporary installation at the construction site of “G hotel” located in the Nam-gu Incheon Metropolitan City, Seoul, as the site site site of the H Co., Ltd. (hereinafter referred to as “H”) subcontracted on February 15, 2015, following the period from May 23, 2014 to December 29 of the same year.

After the completion of the above subcontract part, on April 15, 2015, the Defendant entered into a settlement agreement with the victim to the effect that KRW 12,958,000,000,000,000,000,000 for the increased construction cost due to partial additional construction works, such as toilets wall walls concrete studs, shall be paid from E for the construction cost, and that the Defendant shall receive KRW 1,57,80,000,00 from E for the construction cost. However, as the Defendant asserted that he did not receive labor cost, etc. even if he paid part of the construction cost at the time of commencement of the construction, even after the completion of the settlement agreement, the Defendant completed all construction cost up to that time, such as the construction cost, wages and material cost, including additional expenses, directly paid from E under the Defendant’s consent.

However, when the Defendant had delayed payment of wages, etc. of on-site workers at another construction site before the hotel construction work, and was anticipated to pay a reasonable amount of wages, etc., such as filing a petition with the labor office and an investigative agency, or to undergo an investigation or a trial, the Defendant is expected to complete the said hotel construction work. On August 11, 2015, the Defendant was aware that the victim submitted the relevant documents to the building department of the Nam-gu Incheon Metropolitan City of Incheon Metropolitan City and submitted the documents to obtain approval of completion of the said hotel construction work and delayed the approval of completion, etc., and the said hotel construction work will cause a large economic damage to E, a contractor.