Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On December 24, 2010, the Defendant was sentenced to 10 months in imprisonment with labor for fraud in the administrative branch of the Daegu District Court, which became final and conclusive on December 30, 201, as an actual manager of the Gyeongbuk-gun B (ju), who is engaged in the manufacturing of automobile parts by employing approximately six full-time workers.

1. The Defendant had worked in the above workplace from March 21, 201, and had not paid KRW 1,668,000 of the workers C of the People’s Republic of China’s nationality, who retired on July 1, 201, within 14 days from the date of the above retirement, which is the date when the cause for payment occurred, without agreement between the parties on the extension of the due date.

[2012 High Court Decision 1737]

2. The Defendant, from April 20, 208 to April 23, 201, worked in the above workplace and on or around April 23, 201, did not pay KRW 430,00,00 for the wages of March 201, 201, the total of KRW 1,670,615, retirement allowances, 6,851,420 for April 201, and KRW 8,952,035, which is the date on which the cause for the payment occurred, within 14 days from the date of the above retirement, without agreement between the parties to extend the due date.

[2012 High Court Decision 1738]

3. The Defendant, while working in the above workplace on January 15, 201, did not pay KRW 1,708,000 for E’s wages, retirement allowance of KRW 2,532,00 for retired workers of the People’s Republic of China, and KRW 1,532,00 for retired workers of the People’s Republic of China on May 20, 201, within 14 days from the date of the above retirement.

[2012 High Court Decision 1739] Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Each police statement made to G, D, and H;

1. Details of confirmation of fact, such as each written accusation, each written complaint, and telephone call;

1. A detailed statement of calculation of retirement allowance;

1. A previous conviction: A written inquiry about criminal records and the application of Acts and subordinate statutes to a report on the result of disposition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;