A defendant shall be punished by imprisonment with prison labor for up to six 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 a user who engages in applied software development business as a representative of the Corporation D, which is located in B building and C Dong 1st, in the event of Gyeonggiization.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is working from January 18, 2015 to June 30, 2016 at the above workplace.

The retirement E’s total wage of KRW 16,438,98 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and the total wage of KRW 5,924,830 of the three workers was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes on the authentic copy of each notarial deed and details of each account transaction;

1. Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018; Act No. 1510, May 29, 201); the choice of imprisonment with labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Class 1 crime (Violation of the Labor Standards Act) [Determination of Punishment] Violation of the Labor Standards Act: Wages, etc. (Type 1] and no person who has been paid wages, etc. (type 50 million) below the amount of less than 50 million won [Special Sentencing] (the recommended field and the scope of recommendations] basic area; imprisonment with labor for April to August;

(b) Class 2 crime (Violation of the Labor Standards Act) / [Determination of Penalty] Violation of the Labor Standards Act: Wages, etc. (Type 1] and no person who has been paid wages, etc. (type 50 million) below the amount of less than 50 million won [no person who has been specially punished] basic area (the recommended area and the scope of recommendations], imprisonment with labor for April

C. Type 3 (Violation of the Labor Standards Act) / Labor Standards Act / Wages, etc.