A defendant shall be punished by imprisonment with prison labor 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.

(e).

Punishment of the crime

The defendant is the representative of (State) D in Namyang-si, who employs six full-time workers and operates retail business.

1. The Defendant violating the Labor Standards Act is working for the above company on December 15, 2016.

Without agreement between the parties on the extension of the due date for payment, E’s wages to three workers, such as the wage of 500,000 won in January 15, 2019 of E retired on May 15, 2019, were not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 15,279,051 as well as KRW 10,100,969 of retirement allowances for the said E, as above, and KRW 15,279,051 of retirement allowances for two retired workers, as described in each of the attached Table 1 and each of the attached Table 2 (the part concerning retirement allowances).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F, G, and E;

1. Each written petition of F, G, and E;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Article 109 (1) and Article 36 of the relevant Act and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on Guarantee of Retirement Benefits of Workers;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (E and F, each violation of the Labor Standards Act against the E and F, and violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. The amount of unpaid wages for sentencing under Article 62(1) of the Criminal Act exceeds 50 million won: Provided, That the defendant has no record of being punished for the same kind of crime before, and the company in which the defendant had operated was bankrupt, and the defendant is also in the process of personal bankruptcy, and the age, character and conduct, family relationship, motive and means of crime.