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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The Defendant, as an actual operator of the “AO Hospital” located in Seo-gu, Seo-gu, Seoan-gu, Incheon, is an employer who employs 40 full-time workers and engages in medical business. The Defendant did not pay 130,414,874 won in total and 4,418,781 won in total and 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties, as stated in the separate list of crimes Nos. 16 through 18,27, and 29, including the wage of 4,400,00 won for workers AP who retired from office from around April 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of AP, Q, R, AS, and AT;

1. Application of Acts and subordinate statutes to the details of arrears by individual (69, 143 pages of investigation records);

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the offenses of each Labor Standards Act against the victim AS andT, each of the offenses against the guarantee of the retirement benefits Act, each of which is heavier, the offense committed against the victim AS, the offense of the Labor Standards Act against the victim AS, and the punishment provided for the offense of the Guarantee of Workers' Retirement Benefits Act against the victim AT);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning Victims A Q with the largest penalty);

1. Part of rejection of prosecution under Article 62 (1) of the Criminal Act (including the confession of the defendant and the absence of the same criminal record);

1. Summary of the facts charged: The Defendant did not pay wages and retirement allowances of 39 employees, including AF, within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as stated in the attached Table Nos. 1 through 15, 19 through 26, 28, 30 through 44.

2. Application of the law: Article 327 of the Criminal Procedure Act.