However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant, as the representative of Da Co., Ltd. (hereinafter “D”) located in Gyeongnam-gun, Chungcheongnam-gun, is an employer who runs a forest in steel structure processing business with four full-time workers.

1. The Defendant violated the Labor Standards Act: (a) worked in the said enterprise from November 26, 2012 to March 31, 2015 as “satise management”; and (b) did not pay 38,122,50 won in total for four retired workers within 14 days from the date of each retirement without any agreement on extension of payment date between the parties, as indicated in the attached list of crimes committed.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) worked at the aforementioned company from November 26, 2012 to March 31, 2015 as “satise management”; and (b) did not pay KRW 20,80,116, including KRW 7,739,178, which was retired from the said company, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned, as described in the attached Table Nos. 1 to 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of the Act and subordinate statutes verifying the actual status of the payment and retirement allowance in arrears, the details of each transaction, and the closure of business;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. Although there are many wages, etc. that could not be paid by the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, the defendant does not have any record of punishment for the same kind of crime, and there is no motive that the defendant was punished for the same crime, and the motive leading to the crime and the crime after the crime are committed.