Defendant

A, D, and E shall be punished by imprisonment for 6 months, by imprisonment for 8 months, and by imprisonment for 4 months, respectively.

(b).

Punishment of the crime

Defendant

A is the representative director of the I Co., Ltd. (the name of the company before the change) that ordered the H New Construction (hereinafter “instant Construction”) to be conducted from November 201, 201, and Defendant B is the director of the site of the instant Construction. Defendant D and Defendant E are contractors who performed the instant construction by subcontracting part of the instant construction work. Defendant C is irrelevant to the instant construction work, and Defendant C is the one who was the wage obligee related to the instant construction, and was acting as the representative of various wage creditors.

On the other hand, Defendant A’s I Co., Ltd. had a claim on the balance of the construction cost equivalent to KRW 373,49,000 for the non-military forces, the ordering person, on December 12, 2012 (hereinafter “the balance of the construction cost for the non-military forces”). However, approximately 40 subcontractors, including the victim K, the victim L, and the victim M, were in a large state of construction cost or overdue wages, and eventually, around December 12, 2012, Defendant A’s I Co., Ltd. was seized the balance claim against the non-military forces and was scheduled to begin the distribution procedure immediately after the victims’ seizure of the remainder claim against the non-military forces, and if dividends are distributed to the execution creditors with up to 40 persons after the distribution procedure, the balance to I returned to I was nonexistent.

Defendant E and D received the highest amount of the subcontract price of the instant construction project, and Defendant A also received part of the balance of the non-military claims. On February 2, 2012, Defendant D and used the name of the person who did not participate in the instant construction project together with Defendant D to pretend that the person did not receive a retirement allowance or wage claim, which is a senior dividend claim, or who did not receive a part of the wage, lost the worker’s retirement allowance or wage claim excessive amount of the worker’s retirement benefit or wage claim, and then seized the balance claim against the military on the basis of the said amount and applied for dividend payment.