A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The Defendant is the representative of the “D” in Sungwon-si, Sungwon-si, who is operating an industrial design service business using five full-time workers.

From May 15, 2014 to November 30, 2015, the Defendant, without an agreement on the extension of the payment deadline, did not pay wages of 6,978,055 won, retirement allowance 3,052,269 to her retired worker E, within 14 days from the date of his/her retirement, and did not pay the wages of her three workers within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each written complaint, written complaint, details of money and valuables in arrears, average wages, and written calculation of retirement allowances;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Labor Standards for the Selection of Punishment, and Articles 44 (1) and 9 of the Act on the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to the crimes of violation of each Labor Standards Act by victim and the crimes of violation of each Labor Standards Act and the Guarantee of Retirement Benefits of Workers);

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [unfavorable circumstances] The fact that there was a record of being sentenced to a fine under the previous sentence, the fact that there is a small amount of unpaid wages and retirement allowances [for favorable circumstances], the Defendant is unable to pay wages and retirement allowances due to the aggravation of business management, the Defendant was paid KRW 9 million as substitute payment to the victimized workers, and there is a possibility of additional payment in the future, and the Defendant is trying to pay unpaid wages and retirement allowances to the victimized workers in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case.