The defendant is the user as the representative of Busan Jung-gu B building No. 201 (State)C.

The Defendant, around April 1, 2013, did not pay the total amount of KRW 39,314,730 of retirement allowances of workers E, including the retirement allowances of workers E, who worked for the period from September 10, 1999 to March 30, 2012, and KRW 16,691,80 of retirement allowances of workers D, who worked for the period from August 1, 1999 to March 30, 2012, until the extended payment date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (E telephone statement hearing);

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Retirement Benefits for elective Workers, and Selection of fines;

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

1. Penalty of a fine not exceeding two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. It is so decided as per Disposition by the court below on the grounds of Article 59(1) of the Criminal Code (see, e.g., Supreme Court Decision 2001Da14448, Apr. 1, 2007) of the suspended sentence (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)