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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of 2020 order92" is a person who runs a construction business by using 24 regular workers while operating F Co., Ltd. under subparagraph 5 of the D Building in Sungsung City, and an employer shall pay wages, compensations, and all other money, valuables, and retirement allowances within 14 days after the cause for such payment occurs if a worker retires.
Nevertheless, the Defendant, when working in the foregoing company from October 23, 2017 to September 10, 2019, did not pay KRW 23,356,630 in total and KRW 8,063,823 in total and KRW 35,687,650 in total and KRW 35,650 in total and KRW 43,751,473 in G’s retirement allowance as stated in the attached Table No. 1,3,823 in total and KRW 8,063,823 in total and KRW 43,751,473 in total and KRW 14 days in total without any agreement on the extension of the payment deadline.
Summary of Evidence
"200 Highest 92"
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to seven authenticitys, written statements, B, etc. of G;
1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is against each of the crimes in this case, and it appears that the Defendant was unable to receive the construction cost or was unable to pay wages to workers as the sales decrease while operating the workplace in this case, and that the Defendant appears to have paid all the wages and retirement allowances that the Defendant did not pay, such as the amount of delayed payment, the period of delayed payment, the amount of delayed payment, the Defendant’s age, character and behavior, the environment, the relationship with the damaged workers, the motive, means, and consequence of the crime, etc.