A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant is a person who runs a construction business by employing 15 full-time workers as a real manager of D, a corporation with the second floor of the building C in the Jeonju-gu Seoul Metropolitan City.

1. The Defendant is working on August 22, 201 at the above workplace when he was in arrears.

On November 22, 2012, an employee E retired on November 2, 2012, paid the total of KRW 42,149,070 as well as KRW 3,050,00 on August 8, 2012, including three retired workers, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

2. The Defendant is working in the place specified in paragraph (1) as described in paragraph (1).

On November 22, 2012, the retirement allowance of retired workers E, including KRW 4,836,630, and the total amount of KRW 13,941,910, as stated in the attached list of crimes, 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 payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each written statement of E, I and J;

1. Each complaint and each petition;

1. Application of each investigation report and evidential materials attached thereto to the Acts and subordinate statutes;

1. Article 109 and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 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 each sentence of imprisonment;

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 under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime in this case and the fact that a considerable number of workers agreed to do so).