A defendant shall be punished by imprisonment for four months.

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.

Punishment of the crime

The defendant is a person who has been engaged in software development business while operating (main)C in Gangnam-gu Seoul Metropolitan Government B building 3.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the workplace from January 6, 2016 to May 30, 2017, did not pay KRW 35,790,680 in total, as well as KRW 32,591,350, and retirement allowances of retired workers D, 35,79,330, without agreement on the extension of the payment deadline between the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act did not again pay the victim's wages and retirement allowances under 14 times of his/her name.

In addition, the damage has not been recovered.

The sentence shall be selected in consideration of such unfavorable circumstances, but the fact that the defendant has no record of being punished by imprisonment without prison labor or heavier, and all other factors of sentencing shall be determined as the sentence.