However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The defendant is a director in-house director of the Seoul Building and the Dispute Resolution Co., Ltd., who is a full-time worker and operates elevator manufacturing and service business using 20 full-time workers.

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

Nevertheless, the defendant employed in the above workplace from August 6, 2018 to December 15, 2019 and did not pay 3,156,92,950 won for retired workers E's wages in November 2019, 2019, including 2,390,640 won for annual leave allowances in December 2019, and 4,609,830 won for annual leave allowances in December 2019, including 10,93,420 won for retirement allowances and 6,049,570 won for three workers' wages, etc., as indicated in the list of crimes in the attached Form, and did not pay 53,156,929 won for total retirement allowances and 47,426,14 won within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the supervisor for labor of police officers of each special judicial branch against E, F, and G;

1. A detailed statement on employment insurance, certification of business registration, and resume of employment insurance;

1. Application of Acts and subordinate statutes to the benefit ledger, a statement of low-use annual allowances, and a statement of calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc.: The amount of unpaid wages and retirement allowances, such as the amount of the retirement allowances in arrears and the amount of the unpaid wages and the amount of the damages, which were paid by the Defendant, up to 53,156,929 won, and the amount of the unpaid retirement allowances up to 47,426,114 won.