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A defendant shall be punished by imprisonment for four months.
Of the facts charged in the instant case, the violation of the Labor Standards Act concerning Victim C.
Reasons
Punishment of the crime
The defendant is a person who actually runs a stock company E in Kimpo-si, who employs 22 full-time workers and operates a quarterly pipe manufacturing business.
The Defendant, from March 16, 201 to January 5, 2011, did not pay 6,696,784 won of wages and retirement allowances of total 16,81 won from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties concerned, as shown in the attached list of crimes (except this case No. 12). The Defendant did not pay 76,812,031 won of wages and retirement allowances of total 16 members within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of each authentic statement, written statement, details of arrears of each account, details of transactions of each passbook, each ledger of benefits, each statement of benefits, details of each passbook, details of each passbook, and details of transactions by account;
1. Article 109 (1) and Article 36 of the Labor Standards Act and Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;
1. In light of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is a large amount of damage and the fact that the defendant has the record of being sentenced to a fine for the same kind of crime, etc., the defendant should be punished strictly. However, although the defendant has a deep depth of his mistake, the defendant has made efforts to recover damage, and as a result, although the defendant does not directly recover damage, he appears to have recovered part of the damage as substitute payment under the Wage Claim Guarantee Act, even though he did not directly recover damage, and other circumstances of this case, which are conditions for sentencing, such as the defendant's age, character and conduct, criminal records, and circumstances after the crime, the punishment as the order shall be
Public Prosecution Rejection Parts
1. The Defendant is a person who actually runs a stock company E in Kimpo-si, Kimpo-si and operates a quarterly pipe manufacturing business employing 22 full-time workers.