A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is the representative director of corporation C in building B in Songpa-gu Seoul Metropolitan Government, who runs a construction business with 30 full-time workers.

1. From August 1, 2014, to October 24, 2014, Defendant 2506, Defendant 206, worked at the construction site of D apartment in the Company C from August 1, 2014 to October 24, 2014, and retired workers E’s wages of KRW 2,930,00 on October 1, 2014, as well as KRW 40,291,930 on the total wages and retirement allowances of six workers, as in the attached list of crimes (1) in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. From July 5, 2014 to January 26, 2015, Defendant 2015, Defendant 3393, was working at the D apartment construction site located in Lone Star or Si from July 5, 2014 to January 26, 2015, and was not paid KRW 132,746,250 in total for five employees as shown in the attached crime list (2) of the attached crime list, including KRW 17,891,250, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

[2015 Highest 2506]

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of G, H, I, J, and E;

1. A telephone statement of K;

1. Calculation of retirement allowances (Evidence No. 4), and payment confirmation (Evidence No. 16) [2015 order 3393];

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of relevant Acts and subordinate statutes of L, M, N, F, andO;

1. Article 109(1) and Article 36 of the Labor Standards Act (hereafter referred to as “paid wage”) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (hereafter referred to as “paid wage”);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 50 (Inter-Korean Crimes of Violation of the Labor Standards Act forG and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.