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

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

Punishment of the crime

The defendant is a person who has served as a representative director of D (main) located in the new forest store of the 29th floor C of Guro-gu Seoul Metropolitan Government.

When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from April 1, 2016 to November 30, 2017 at the above D’s workplace.

As shown in the attached list of crimes, including the total amount of wages and annual allowances of 3,717,49,490 won on November 201, 2017 and the total amount of 5,122,550 won of retirement allowances of 36 workers, including the total amount of wages, etc. of 96,949,419 won, and the total amount of 54,501,830 won of retirement allowances of 13 workers, were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written petition;

1. Details of calculation of the actual retirement allowance, detailed statement of overdue money and other valuables, details of the ledger of wages, average wages and retirement allowances, including E, details of calculation of overdue money and other valuables, details of calculation of overdue money and other valuables, and application

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (not less than KRW 100 million) such as wages, etc. shall be described in Type 3 (not less than April 100): There is no two-stage increase [the decision of sentence] as a result of adding up the same kind of competition [the decision of sentence] the amount of unpaid wages and retirement allowances, the majority of the damaged workers, and the damages are not recovered, while the malicious wage arrears is overdue.