A defendant shall be punished by imprisonment for six 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.

(e).

Punishment of the crime

[criminal records] On May 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement at the District Court of Jung-gu District, and the judgment became final and conclusive on July 27, 2017.

[Criminal facts] The Defendant, as the representative director of R Co., Ltd. in Q in two weeks, is an employer who runs metal manufacturing business using 25 full-time workers.

1. The Defendant violated the Labor Standards Act: (a) the Defendant did not pay 6,180,00 won, including the sum of the 1,500,000 won paid on January 1, 2016, and the 6,180,000 won paid on February 1, 2016, as stated in attached Table 10, 11, 12, 13, 15, 19, 20, 21, 22, 23, 24, 25, 401 won, including the 6,180,00 won paid on February 1, 2016, as well as the 10,12,13,15, 19, 19, 20, 21, 222, 23, 24, and 25 wages of 12 workers,358,491 won, respectively, within 14 days from the date of retirement without an agreement between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the Defendant did not pay KRW 5,371,241 of S retirement allowances, which he/she worked in R Co., Ltd. from April 14, 2014 to April 9, 2016, totaling KRW 10,706,015 of the three workers’ retirement allowances, as indicated in attached Table 10,21, and 22, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date of money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to I by the police;

1. Each police statement concerning T, U, and V;

1. Each written petition;

1. Details on the arrears of R wages;

1. Each benefit ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of each investigation report (report attached to a judgment);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62(1) of the Criminal Act: