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

Of the facts charged in the instant case, No. 1-7, 9-16, 18-21, 23-35, 37.

Punishment of the crime

[Status Relation] The Defendant, as the representative of the “D” corporation in the 10th floor of Gangnam-gu Seoul Metropolitan Government, was employed by 80 full-time workers and engaged in consulting business while operating the said company. On July 4, 2012, the Daegu High Court sentenced seven years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu High Court, and became final and conclusive on November 29, 2012.

【Criminal Facts】

The Defendant, while working in the said company from April 27, 201 to June 4, 2011, did not pay KRW 86,040 to E that retired from office within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay the amount equivalent to KRW 9,074,028 in total for eight workers within 14 days from the date of retirement, as described in attached Table Nos. 8, 17, 22, 36, 38, 43, 49, as well as attached Table No. 8, 17, 36, 48, 49, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of each delayed payment and calculation of retirement allowances;

1. Previous records of judgment: Criminal records, etc. and application of statutes governing judgment;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act;

1. Concurrent treatment: The latter part of Article 37 of the Criminal Act;

1. Concurrent crimes: Part concerning the dismissal of prosecution as provided in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. In addition to the facts charged, the Defendant is working in the above workplace as indicated in the attached Table No. 1-7, 9-16, 18-21, 23-35, 37, 39-42, 44-48, 50-58, 60, and 61 on the list of crimes committed.

53 workers retired have not paid the total amount of 117,259,042 won as wages and retirement allowances within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and thus, damage under Article 109(2) of the Labor Standards Act.