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The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, the instant case concerns B, C, D, E, F, G, and H.
Reasons
Punishment of the crime
The defendant, as the representative of J, I Co., Ltd. located in the U.S., the defendant is an employer who conducts a manufacturing business (straw circuit) using 30 full-time workers.
1. The Defendant is working in the foregoing workplace from January 1, 2012 to June 30, 2013.
5,632,490 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.
2. The Defendant did not pay K’s retirement pay of KRW 8,887,190, who worked in the same workplace for the same period within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension
Summary of Evidence
1. Defendant's legal statement;
1. The K's statement;
1. Application of Acts and subordinate statutes to details of overdue money and valuables;
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. A fine of 700,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Each subdivision of the period of suspension of pronouncement under Article 59 (1) of the Criminal Act (In consideration of the fact that the substitute payment to the above employee and the payment of overdue wages and retirement allowances is deemed to have been made with the money deposited by the defendant, etc.);
1. The Defendant in this part of the facts charged is the representative of the JJ Co., Ltd., I located in Masung, who ordinarily employs 30 full-time workers and engages in the manufacturing industry(s).
The Defendant is working in the foregoing workplace from April 1, 2012 to May 21, 2013.
It is working as shown in the attached list of crimes, including KRW 2,14,530, in total, as well as KRW 2,14,530.
Retirement workers C, D, E, F, G, and H did not pay the aggregate of the wages in the corresponding column of each crime committed day table within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
B. The Defendant is above the above workplace.