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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is the representative of Gyeyang-gu Incheon, who has operated the manufacturing industry using 43 regular workers.
[2011 Highest 6338] The defendant works in the above workplace from July 21, 2008 to April 29, 2011.
The retired worker D's wages of 494,480 won, the wages of 1,540,170 won for February 201, and the wages of 2,132,720 won for April 201 and retirement allowances of 4,272,358 won for 8,439,728 won for February 201, without any agreement on extension of the due date between the party and the party, it was not paid within 14 days from the date of retirement.
The Defendant, including this, did not pay the total of 98,259,511 wages of 10 workers within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the attached list of crimes (4 to 5 pages of this decision).
[201 did not pay 30,58,262 won, including 1,234,630 won on February 2, 201, which was worked at the aforementioned workplace from July 11, 2005 to February 28, 201, as stated in the attached crime list (section 6 of this Decision). The Defendant did not pay 30,58,262 won, in total, for six retired workers’ wages and retirement allowances, as indicated in the attached crime list (section 6 of this Decision)
[2011 Highest 7169] The Defendant did not pay the total of 88,158,870 won of wages and retirement allowances of 10 workers from the date of retirement to September 30, 201 without agreement on extension of the due date for payment between the parties concerned, as shown in the list of crimes in [Attachment 7-8], such as F’s wages of 265,570 won on August 8, 201, which was worked at the aforementioned workplace from November 15, 2007 to September 30, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to G, H, E, I, J, and K;
1. Each written statement of L, D, M, N, J,O, P, Q, E,J, R, S, T, U, V, W, X,Y, Z, AA, F, AB, AC, E, and AD;
1. Each written petition and each fact-finding certificate;
1. Application of Acts and subordinate statutes on employment contracts, calculation of retirement allowances, certificates of overdue payment of wages, statement of account transactions, and details of unpaid payment;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;