except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is the representative of the Mapo-gu Seoul Metropolitan Government 608 building C, who has operated a cooking business with five full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 3,97,656 on August 8, 2015 with respect to D retired from the said workplace from September 1, 2009 to September 1, 2015 and did not pay KRW 85,387,091 in total, including wages, etc. for 13 workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date between the parties, as shown in the attached crime list.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 23,475,216 of retirement allowances to D retired from the said workplace from September 1, 2009 to September 1, 2015, and did not pay KRW 55,248,815 of the total retirement allowances to 13 workers within 14 days from the date of retirement, as shown in the attached crime list, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Aggravated Punishment, etc. of Workers' Retirement Benefits (a point of which payment of retirement allowances is not made) concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (not less than KRW 100 million) of Type 3 (not less than KRW 100 million) [the decision of sentencing] [the decision of sentence] and the defendant's age, character and behavior, environment, circumstances after committing the crime, etc. - the first offender - the fact that the sentence is determined in consideration of the defendant's age, character and behavior, environment, circumstances after committing the crime, etc. - the victims seems to be paid substitute payment of approximately KRW 79 million to the victims.