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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 10, 2014, the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Busan High Court on July 10, 201, and completed the execution of the sentence on December 24, 2016.
The defendant is the representative of Co., Ltd. C in Namyang-si, who is an employer who operates a general steel product manufacturing business by employing 15 full-time workers.
1. On August 1, 2011, the Defendant violated the Labor Standards Act, while working for the above company on August 1, 201, and did not pay the total of KRW 95,954,181 to five workers, as shown in the attached crime list (excluding the part concerning retirement allowances), as well as KRW 1,658,413 of the AC retired on November 18, 2016.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowances of 9,171,057 for 5 retired workers, including the retirement allowances of 6,264,430 won to the above AC, as above, within 14 days from the date of occurrence of the relevant cause for payment, without any agreement between the parties on the extension of the payment due date, as shown in the list of crimes (part of retirement allowances).
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition and fact-finding certificate of AC, AD, AE, AF, and AG;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (the confirmation of crimes during the period of repeated crimes of a suspect);
1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; and enforced May 29, 2018); Articles 109(1) and 36 of the Labor Standards Act (paid wages to AC, AE, AF, and D); Articles 109(1) and 36 of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (paid retirement allowances) for criminal facts;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (trades violating the Labor Standards Act for the same worker and violating the Guarantee of Workers' Retirement Benefits Act);
1. Selection of the penalty;