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

Punishment of the crime

The defendant is the representative director of D Co., Ltd., which is located in C, and is an employer who runs a construction business with 50 full time workers.

1. The Defendant violated the Labor Standards Act did not pay KRW 2,00,000,00 in June 1, 2014, monthly wage of KRW 4,000,000, August wage of KRW 4,000, August wage of KRW 4,000, and KRW 4,000,00 in September wage of KRW 4,00,00 in September and KRW 17,870,967 in total, and KRW 17,870,967 in October 3, 2014 to the parties without agreement on the extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 52,319,684 to 25 workers who worked in the above field, as stated in the list of crimes in attached Form (except No. 2) within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 4,234,63 of the retirement allowances retired from office within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline between the parties concerned, that the Defendant worked at the site of the Gangnam-gu Seoul E Housing Zone Development Project from October 1, 2013 to October 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the suspect of the accused;

1. Each police statement concerning F, H, I, G, J, K, and L;

1. Each petition prepared by L, M, N,O, P, Q, R, T, K, V, M, X, Y, Z, AA, AB, and AC;

1. Confirmation of each telephone, etc.;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment, and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid due to retirement);

1. Selection of each sentence of imprisonment;

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 or more of the suspended execution;