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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is the representative director of Guro-gu Seoul Metropolitan Government (State) Seoul Metropolitan Government B Building.
From June 8, 2010 to July 2, 2013, the Defendant: (a) performed the work at the pertinent company; (b) paid 8,705,370 won in total, including D’s wages of KRW 7,357,700 and retirement allowances of KRW 1,347,670; and (c) paid 14,720,000 in total, including retirement pay of KRW 6,760,000 and retirement pay of KRW 7,960,00 in total, and KRW 14,720,00 in total, and KRW 14,720,00 in retirement pay of retired workers E on May 31, 201 to employees who retired from the said company without agreement on the total of KRW 4,740,000 and KRW 50,000 in retirement allowances and KRW 140,000 in total; and (d) paid from each date of payment on May 31, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of respective Acts and subordinate statutes of E, D, and F;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the aforementioned Acts as to the portion unpaid from retirement pay);
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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant delayed payment of 33 million won, such as wages and retirement allowances of three workers, and the victim worker seems to have suffered considerable economic shortages and mental suffering due to such delayed payment.
In addition, the fact that the defendant has been punished four times due to the same crime shall be determined by the same punishment as the disposition in comprehensive consideration.