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A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was a person who operated “(State)C” with 30 full-time workers in Yeonsu-gu Incheon, and the Defendant did not pay 25,614,302 won, including the sum of D’s wages and retirement allowances, working from September 1, 2012 to April 8, 2015, total amount of 48,803,550 won, including 25,614,302 won, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. Each petition of D, E, F, and G;
1. Application of the provisions of Acts and subordinate statutes to confirmation of telephone, etc.;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is so decided as per Disposition, in view of the fact that the remaining amount of reasons for the suspended sentence under Article 62(1) of the Criminal Act is not significant, and thus, the imprisonment is chosen due to business deterioration, and the crime of this case is recognized and its depth is reflected, and the same kind of power