A defendant shall be punished by imprisonment with prison labor 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 user who runs a construction business using 23 full-time workers as the representative of G (State) in Boli-si F.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant employed in the above workplace from April 1, 2014 to May 30, 2017 and did not pay 118,848,573 won in total, including 39,157,765 won in the wages and retirement allowances of H retired from the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol (including attached documents) to H;

1. Unpaid wages, etc. under each relevant provision of the Act on the Guarantee of Retirement Benefits of each Workers: Article 109 (1) and Article 36 of the Labor Standards Act: Subparagraph 1 of Article 44 of the Act on the Guarantee of Retirement Benefits of Workers; Article 9 of the same Act;

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

1. Selection of each sentence of imprisonment;

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes No. 1 of the sentencing guidelines for the first category [the scope of the recommended punishment] (the scope of the punishment shall be 50 million won or more, and less than 100 million won) of the unpaid amount of wages, etc.: Crimes No. 2 of the No. 1 of the basic area (the number of persons subject to special sentencing) (the number of recommended punishment shall be 50 million won or more, less than 100 million won) as a result of adding up the basic areas ( April to 1 year) of the same type of concurrent crimes (the number of persons subject to special sentencing) [the scope of the recommended punishment] of the basic area (4 months or less, less than 10 million won) of the unpaid amount of wages, etc.

2. Based on the above sentencing criteria, the following circumstances, the defendant's age, sex, environment, motive for crime, etc. are as follows: