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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant, as the representative of the Co., Ltd. located in Gwangju City, is an employer who runs a manufacturing business by employing six full-time workers.
The Defendant did not pay the total of KRW 27,482,607, including the total of KRW 21,590,000 and retirement allowances of KRW 5,892,607 as well as the total of KRW 55,910,703 of wages and retirement allowances for six employees, as described in the details of personal arrears, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date, as stated in the attached Table, to each of the above companies from May 22, 2014 to March 11, 2016.
Summary of Evidence
1. A protocol concerning the examination of the suspect of the police against the accused;
1. Application of the respective Acts and subordinate statutes to F, G, and H;
1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Taking into account the following circumstances: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Article 38(1)2; and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; and (c) the total amount of unpaid benefits, etc. exceeds KRW 5 million: