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

The defendant is an employer who operates B Co., Ltd. located in the Gu of Ansan-si.

1. An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, in case where a worker retires;

Nevertheless, the Defendant worked at the place of business from May 1, 2013 to October 1, 2015, and did not pay 34,382,658 won in total, including 855,500 won, to retired workers C on May 2015, as stated in the details of money and valuables in the attached Form, without any agreement on extending the due date, within 14 days from the date of his/her retirement, as well as 34,382,658 won.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay the total amount of KRW 29,815,800, including KRW 6,733,760 of retirement allowances of retired workers C, as described in the above paragraph (1) as well as KRW 6,73,760 of retirement allowances of the retired workers C, within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of authenticity of C;

1. Details of individual money and valuables unpaid and settlement of accounts for each individual;

1. A written calculation of retirement allowances;

1. A detailed statement of benefits;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits of respective Workers Act (which currently remains unpaid);

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. The defendant's age, sex, environment, circumstances leading to the instant crime, etc. that reflects the reason for sentencing under Article 62 (1) of the Criminal Act, and that the unpaid wages and retirement allowances are not much specified in the same criminal record;