A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is an individual constructor who used workers at the construction site of the fourth floor neighborhood living facilities in Gwangju-gu, Nam-gu, and used them to build a new construction site of the fourth floor neighborhood living facilities.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 54,139,00 won in total for 30 workers within 14 days from the date of each retirement, as shown in the attached crime list, as well as 5,400,000 won in December 1, 2016 of the workers C who worked at the above construction site from December 1, 2016 to January 8, 2017, as well as in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement concerning D and C;

1. A statement of the petitioner’s annual list, personnel expenses, and daily labor expenses (the defendant and his defense counsel asserted that the defendant’s overdue wage is not a victimized worker but D, but a victimized worker; however, D introduced the victimized worker as the operator of the E office and then distributed the victimized worker by receiving wages from the defendant as a lump sum for convenience. Accordingly, the above argument is rejected). The above argument is not accepted.

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

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

1. The fact that there is a past record of being sentenced to four times a fine for the same kind of crime as the sentencing of Article 62 (1) of the Criminal Act, and the amount of overdue wages and the details thereof, etc. shall be determined as per the order; and