A defendant shall be punished by imprisonment with prison labor for up to 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" in Seoul Jung-gu, Seoul, who is an employer who employs ten full-time workers and operates a salary-counting business.

The Defendant, while working in the said workplace from January 6, 2016 to November 14, 2018, did not pay the total amount of D wages of KRW 4,322,00, retirement allowances of KRW 4,499,415, which was retired from the said workplace, 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 total amount of KRW 46,448,297 for seven workers as stated in the attached crime list, respectively, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D, E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to each statement of calculation of average wages and retirement allowances, each statement of deposit transactions, and copies thereof;

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

1. Between crimes under Articles 40 and 50 of the Criminal Act (a punishment on the violation of the Labor Standards Act with more severe punishment) among those under Articles 40 and 50 of the same Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act No. 6) of the Criminal Act among concurrent crimes;

1. The punishment of the defendant shall be determined by taking into consideration the circumstances unfavorable to the defendant, the fact that the defendant has the same criminal records as those of the defendant for sentencing under Article 62 (1) of the Criminal Act, the fact that the defendant has no criminal records of imprisonment without prison labor or more, the fact that the defendant has no criminal records of imprisonment without prison labor or more, the amount of the unpaid wages, and the fact that the defendant seems not to intentionally