A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

The Defendant, as the representative of the Seodaemun-gu Seoul Metropolitan Government C Cooperatives, is an employer who runs a visiting medical care business using approximately twenty full-time workers.

If an employee retires, the employer shall, unless agreed by the parties concerned, pay all money and valuables, such as wages, and retirement allowances, within 14 days from the date of retirement. However, the Defendant did not pay 49,71,087 won, including 1,092,460 won in September 6, 2009 to the employee D who worked from March 6, 2009 to June 30, 2018 and 7,061,741 won in total and 20,314,944 won in the amount of wages, etc. for 15 employees as shown in the attached crime list 1, as shown in the attached crime list 2, including 7,71,087 won in total for 7 employees, as shown in the attached crime list 2, respectively, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the respective written complaints and statements of F, G, E, D, H, I, J, K, L, M, N,O, P, Q and R, respectively;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of each Labor Standards Act (the point of payment of unpaid wages), Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (the offenses of violation of the Labor Standards Act by worker, the offenses of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the offenses of grave Labor Standards Act);

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the violation of the Labor Standards Act against D with the largest worker D);

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Application of the sentencing guidelines [determination of types] There is no three types (at least 100 million won) (at least 100 million won), such as wages, etc. [the area of recommendation and the scope of recommendation] basic area, and imprisonment from August to 8.