A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on June 12, 2018 and the said judgment became final and conclusive on June 20, 2018.

The defendant is a user who operates software development and distribution business using six full-time workers as the representative director of corporation C in Gangnam-gu Seoul and six stories.

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

Nevertheless, the Defendant is working from December 4, 2012 to June 30, 2016 at the above place of business.

From April 2013 to June 2016, as indicated in the attached list of crimes, the retired worker D’s wage of KRW 110,357,510 in total and KRW 11,167,415 in total, as well as KRW 862,340 in wages on April 2013 to the wage of KRW 110,357,510 in total and KRW 11,167,415 in terms of the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on a copy of a memorandum of payment of overdue wages and a receipt of retirement income withholding;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act shall be set as ordered in consideration of all kinds of sentencing conditions, including the Defendant’s age, character and conduct, occupation and environment, technical skills, motive and circumstance of the offense, crime committed, violation of the Labor Standards Act which became final and conclusive and conclusive judgment, and equity in cases where the Defendant simultaneously ruled that the Defendant violated the Act on Guarantee of Workers’ Retirement Benefits.