A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative of Gangseo-gu Seoul Metropolitan Government B and 4th (State)C, who is a user who is engaged in service business using 11 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 27,09,293 in total, including KRW 1,914,316, and KRW 293 in total, nine workers’ wages, etc., as shown in the separate crime list, within 14 days from the date of retirement, without any agreement between the parties on extension of the payment date between the parties concerned, as shown in the separate crime list, as well as KRW 186,316,316, annual salary, annual salary, KRW 1,728,00, and KRW 1,914,316, as well as KRW 186,316, Jan. 25, 2018.

2. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay the total amount of KRW 11,913,393 of the five workers’ retirement allowances, as shown in the attached Table of Crimes (including KRW 2,390,194, to the retired F, who worked from January 25, 2018 to January 31, 2019, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, and I;

1. Application of Acts and subordinate statutes to confirmation contents of telephone, etc.;

1. Articles 109(1) and 36 of the Labor Standards Act, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, each of the relevant laws on criminal facts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 Crimes (Violation of the Labor Standards Act) [Determination of Penalty] Violation of the Labor Standards Act: Wages, etc. (Type 1] and there is no person who has been paid less than KRW 50 million [Special Sentencing] [the scope of recommendation field and recommendation range] basic area; imprisonment from April to August 2.