A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant employed five full-time workers in Seogu, Seogu, and operated a comprehensive sports service business.

1. The Defendant in violation of the Labor Standards Act did not pay 9,175,040 won in total for five workers, including 1,292,000 won in October 2016 of retired workers D, who were employed from the above C through the above C from October 1, 2016 to October 25, 2016, for whom 14 days have not elapsed from the date of retirement without any agreement between the parties to the extension of payment date, as shown in the attached crime sight table.

2. The Defendant, in violation of the Labor-Retirement Benefit Security Act, did not pay KRW 3,521,730 of the retirement pay of retired workers E, to the period from July 1, 2015 to September 10, 2016, without any agreement between the parties on the extension of the payment deadline, 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Data on e-mail transmission (the details of payment settlement, text details), certification of deposit transaction details, text contents, G contents, average wages, and written calculation of retirement allowances;

1. Application of Acts and subordinate statutes to each written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers E and a violation of the Guarantee of Workers' Retirement Benefits Act);

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. All kinds of sentencing conditions, including the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the details of the payment of wages and retirement allowances, the amount of delayed wages, etc., the damage inflicted upon workers, the defendant's records of the same kind of punishment (six times) etc., shall be considered, including the defendant's age, sex, criminal conduct, environment, motive, means and consequence of the crime, and the circumstances after