A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the representative of the “C” in Daegu-gu, Seogu, and a person operating a press machine manufacturing business using 4-5 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, employed by the Defendant at the above company around April 3, 2020 and served until May 5, 2020, and retired workers D’s wages of KRW 4.7 million on April 4, 2020 and KRW 5.7 million on May 2020, as well as KRW 5.7 million on the total wage of KRW 1 million on May 3, 2020, without any agreement on the extension of the payment period between the parties, the Defendant did not pay each amount of KRW 27.7 million on the total wage of five workers, such as the written list of crimes in the attached Table, within 14 days from the date of each retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the place of complaint and work;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1348, Apr. 1, 201)

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the unpaid amount of wages, etc. [the type 1] below 50 million won [the person subject to special sentencing] - The mitigated amount of reduction elements: In cases where there are special grounds for the unpaid circumstances [the scope of the recommended area and the recommended amount of punishment] mitigation area, one month to six months [the person subject to general sentencing] - The mitigated amount of reduction elements: serious reflectness, lack of criminal punishment [the grounds for suspended sentence] - There are no records of criminal punishment where there are grounds for special consideration in the unpaid circumstances - there is no history of criminal punishment - The fact that the detention of the defendant is serious reflects, and the detention of the defendant is extremely difficult for his/her dependants.