Text
Defendant
A shall be punished by imprisonment for eight months.
Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.
Reasons
The crime history room (Defendant A) Defendant A is an individual constructor, and the construction site of Gwa Holdings in Chungcheong City F is a person who has been awarded a contract for the construction of reinforced concrete with H, and employs 100 full time workers, at the construction site of Chungcheong City F.
When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned to the extension of the due date.
Nevertheless, Defendant A did not pay 1,196,00 won, monthly wage of 1,196,00 won for June 1, 2013 at the same place of business from March 5, 2013 to July 20, 2013 at the same place of business, as indicated in the foregoing No. 1 to 20, 27 through 30, 32 through 35, 37 through 43, 64 through 78, 81, 83 through 85, 90, 93, 95, total amount of wages of 58 workers, within 14,367,00 won, without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendants’ respective legal statements
1. Defendant B’s statement in the third protocol of trial;
1. Defendant A's statement in the fourth trial record;
1. Each statement of P in the fourth protocol of the trial, of a witness J, K, the fifth protocol of the trial, of a witness L in the sixth protocol of the trial, of a witness M, N,O, and of the seventh protocol of the trial;
1. Each police statement to M, N, L, J, and K;
1. The petition, factual confirmation, written agreement, written agreement, agreement, and written agreement (the defendant A is only one of the workers, and does not have an obligation to pay wages to the victimized workers. However, according to each of the above evidence, in particular, according to the entry in L/N’s agreement on July 26, 2013, the police officers, and the statements in this court, it is recognized that the wages of the workers in June and July 2013 were paid by the defendant A to resolve the amount of 28 million won from H (the defendant B), so the defendant A is an employer who is obligated to pay wages to the workers.). Thus, the application of the law applicable to the above evidence.
1. Criminal facts;