2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

The defendant is a representative director and a manager of the company E with interest of the company located in Jincheon-gun C, Jincheon-gun, who is engaged in the manufacturing of automobile parts by ordinarily employing 38 workers.

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, at the D Co., Ltd.’s workplace from October 18, 2012 to November 16, 2014, did not pay the total of KRW 5,862,674, and retirement allowance of KRW 707,380 within 14 days from the date of retirement, including that of KRW 12,343,851, and the total of KRW 23,410,720, respectively, of the 14 days from the date of retirement, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

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

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

1. Certified copy of the corporate registry and its business registration certificate (No. 6), and E stock company (Evidence List No. 12);

1. The overall list of overdue debts, the detailed statement of unpaid wages, the detailed statement of retirement allowances, and the result of calculation of retirement allowances;

1. Application of Acts and subordinate statutes to each grade bonus specification, each foreign registration certificate, and each contract (No. 17 to 39 categories of evidence);

1. Relevant Articles 109(1) and 36 of the Act on the Standards for Preliminary Labor, and Articles 44 and 9 of the Act on the Guarantee of Retirement Benefits of Workers (which shall not be paid for retirement benefits) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. As to the assertion of the Defendant and his/her defense counsel under Article 62(1) of the Criminal Act suspended execution, the Defendant is at least 1.2 million won of the basic salary when preparing a standard labor contract with the workers.