A defendant shall be punished by imprisonment for six months.

except that 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 the representative of C Co., Ltd. with the purpose of manufacturing feed and food ingredients in Chungcheongnam-gun, Chungcheongnam-gun.

The Defendant has worked in the above company from August 16, 201 to November 30, 2014.

A retired victim D's total amount of KRW 12,613,30, retirement pay of KRW 8,252,793, including the wages, etc. from December 2014 to April 2015, was not paid within 14 days from the date of the above D's retirement without an agreement on the extension of the due date between the parties, as described in the attached list of crimes, and did not pay KRW 48,240,340, total amount of wages, etc. from December 2014 to April 2015, including the amount of wages, etc. from December 2014 to April 2015 to KRW 35,462,182,70,522 within 14 days from the date of the victim's retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each petition and each telephone statement;

1. Calculation of retirement allowances and a benefit ledger;

1. Application of Acts and subordinate statutes to withholding receipts, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of the Labor Standards Act by worker and the Act on the Guarantee of Workers' Retirement Benefits);

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The entirety of the crimes is recognized and reflected, and circumstances unfavorable to the fact that there is no record of punishment for the same kind of crime: The amount of unpaid wages and retirement allowances is not much significant: the above circumstances and the defendant’s age, character and behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime are committed, etc.