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

The defendant of "2018 Highest 3455" is the representative of (ju) D in Yangju-si, who runs retail business using 25 full-time workers.

1. On January 7, 2013, the Defendant violated the Labor Standards Act, while working for the said company as a member of the company, and did not pay 6,473,160 won in total for two workers within 14 days from the date of occurrence of each cause for payment, as stated in the [Attachment 3, 675] No. 3, and 6 (excluding the part concerning retirement allowances) of E’s retirement on November 2017, 2017, as well as 764,775 won, which was retired from office on December 2, 2017.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as seen above, did not pay 58,712,142 won in total for five retired workers, including 9,040,414 won of retirement allowances to the above retired workers E, within 14 days from the date of occurrence of each cause for the payment, without any agreement between the parties on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made by the prosecution with respect to F;

1. Protocol of the police statement concerning G;

1. Each written statement of H, I, J, and E;

1. Application of Acts and subordinate statutes to data submitted by complainants on wages in arrears;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point where the payment of retirement pay is not made); and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the each worker violates the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to three years;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types) [the amount of wages, etc. payable shall be KRW 50 million].