The defendant is the employer who runs the distribution business by employing five full-time workers as the representatives of C Co., Ltd. and D, which are located in B at the time of business transfer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 5,70,00 and KRW 5,700 and KRW 8,269,761 of the total amount of wages of four workers as indicated in the attached crime list, including KRW 25,142,140, total amount of retirement allowances, KRW 31,528,573, 573 of the 2016, Oct. 1, 2016; KRW 1,900,000, and KRW 5,700,000, and KRW 8,269,761, as well as KRW 4 of the 25,142,140, total amount of retirement allowances, KRW 31,528,573 of the 2016, Dec. 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Application of respective Acts and subordinate statutes to written complaints and written complaints;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (which are each of the crimes against each worker);

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] [the grounds for sentencing] of Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes shall not be paid for wages, etc. (at least 50 million won, less than 100 million won): The basic area (from April to one year): There is no rise in the first step (special sentencing person) as a result of combined crimes of the same kind. [Decision on the sentence] There has been several occasions of punishment including the crime of the same kind, there is considerable damage amount, and considerable time to delay in payment of money and valuables.