A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant, as the representative of the “(main) D” on the second floor of Seocho-gu Seoul Metropolitan Government C Building, is a user who runs a construction business by ordinarily employing five workers.

The Defendant, as well as the total sum of KRW 29,802,660 of the wages and retirement allowances of E retired from the said workplace from September 1, 2009 to August 7, 2014, did not pay KRW 199,40,177, in total, for eight retired workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of a witness F recorded in the recording file of a legal recording system among the second public trial records;

1. Statement of the police statement related to G;

1. Each petition of E, H, I, J, K, and L;

1. Application of Acts and subordinate statutes on the details of arrears of wages, average wages, and retirement allowances for each individual;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

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. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not good in light of the number of victimized workers, the amount of wages in arrears and retirement allowances, etc. However, the Defendant recognized all the remaining crimes except for the portion of the employee F among the crimes of this case, and reflects the mistake. The Defendant paid a total of KRW 84 million to victimized workers by retirement pension and substitute payment, and partial recovery of damage was made. The Defendant did not have any criminal record at the time of committing each of the crimes of this case, and the motive and background leading up to each of the crimes of this case, circumstances before and after each of the crimes, the Defendant’s age, and the Defendant’s age.