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

Punishment of the crime

[Criminal Power] On July 27, 2016, the Defendant was sentenced to a fine of three million won for the violation of the Labor Standards Act at the Seoul Eastern District Court, which became final and conclusive on August 4, 2016.

【Criminal Facts】

The defendant is a user who runs software development business as the representative director of Seongdong-gu Seoul Metropolitan Government (State) 401.

The defendant shall work at the relevant workplace from November 2, 2009 to February 24, 2015.

A retired worker D’s total amount of KRW 11,626,961, retirement allowance of KRW 20,92,280 and KRW 166,524,290 in total and KRW 166,529,290 in the attached list of crimes, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of D, E, F, G, H, I, J, K, L, and M;

1. Each average wage and retirement allowance calculation statement, each detailed statement of unpaid payment, and detailed statement of arrears;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, four of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was established, and six of the members of the Seoul Central District Court (Seoul Central District Court 2015ss. 37449) were not adjusted, and the fact that the sum of unpaid wages and retirement wages exceeds KRW 160 million is disadvantageous to the circumstances.

The sentence shall be determined as per the order, comprehensively taking into account the sentence when the judgment was rendered simultaneously with the violation of the Labor Standards Act, and other various reasons for sentencing indicated in the arguments and records of this case.