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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an employer as the representative of C (State) in Gunpo-si B.
The Defendant had worked in the said workplace from September 3, 2007 to December 27, 2013 and had not paid KRW 157,010 and retirement allowances of KRW 14,070,895 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of D;
1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Taking into account the fact that the Defendant fully repaid the amount of arrears on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and comprehensively taking account of various circumstances that form the conditions for sentencing specified in the present case and the records on the basis of the prosecutor’s old sentence (a fine of KRW 500,000), a fine of KRW 2.5 million of the summary order shall be reduced and the order shall be issued.