1. The defendant shall be punished by imprisonment for four months;

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

2.

Punishment of the crime

On July 2, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Guarantee of Workers' Retirement Benefits Act, for four months and two years of suspended execution, and the judgment became final and conclusive on January 27, 2017.

The defendant is a user who runs a construction business using 40 full-time workers as the representative director of the J in Busan-gun I.

When an employee retires, the employer shall pay all money and other valuables, such as retirement allowances, within 14 days after the cause for such payment occurred.

From February 20, 2013 to September 29, 2015, the Defendant employed and worked for the Defendant, and did not pay KRW 11,481,830 of K’s retirement pay to retired workers within 14 days from the date of his/her retirement, and did not pay KRW 22,714,030, the total amount of two direct payments No. 22,714,030 per annum of attached crimes (worker K), No. 6 (worker L), respectively, within 14 days from the date of his/her retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of M and N;

1. Each petition of K and L;

1. A statement certification (79 pages for investigation records);

1. Results of calculation of each retirement allowance (24 pages, 34 pages of investigation records);

1. Labor contract (43 pages of investigation records);

1. A detailed statement of money and valuables in arrears;

1. Calculation of average wages and retirement allowances (81 pages of investigation records);

1. Business registration certificate;

1. Previous convictions: Application of the Act and subordinate statutes of the Daejeon District Court Decision 826 High Court Decision, Daejeon District Court Decision 826 High Court Decision, Daejeon District Court Decision 16No 2124 decided February 2, 200;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for respective workers who choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code) provides that the Defendant shall take into account the fact that the Defendant is refusing to commit the instant crime, the principle of equity with the case that the Defendant is adjudicated simultaneously with the final and conclusive crime, the payment of part of the unpaid retirement pay ( KRW 11,481,830) to the Workers K, and the unpaid retirement pay ( KRW 11,232,200) to the Workers L