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 becomes final and conclusive.

Punishment of the crime

The defendant is engaged in the business of developing computer software by employing three full-time workers as the representative director of Gangnam-gu Seoul Metropolitan Government (ju), who is in the 7th floor of Seoul, and is engaged in the business of developing system software by employing eight full-time workers as the (ju) D representative director at the same location.

Where an employee dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant, from January 3, 2017 to March 14, 2018, did not pay the total amount of wages of the employee E, 6,048,386 won, retirement allowances, and retirement allowances 4,977,130 won within 14 days from the date of his/her retirement without any agreement on the extension of the due date.

The Defendant, including this, did not pay the total amount of KRW 42,501,126 of the wages and retirement allowances, etc. of 14 workers in Section 12 as shown in Section 12 (excluding the ruling of dismissal of public prosecution as of September 5, 2018) of Section 14 workers in Section 238,240,183 and Section 5 workers in Section 42,501,126 without agreement on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement of the police officer to E (including cross-examination);

1. Each statement of H and E;

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

1. Application of Acts and subordinate statutes to report investigation results;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The total amount of wages and retirement allowances that were not received by employees on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act without agreement shall be 300 million won.