Text
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
(e).
Reasons
Punishment of the crime
[2014 Highest 348] The Defendant, as the representative of C Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, did not pay wages, retirement allowances, etc. for each worker listed in the [Attachment Table 1 5, 7, and 8] within 14 days from the date of each retirement without an agreement on the extension of the due date of payment.
[2014 Highest 447] The Defendant, from September 2, 1999, entered into a check contract with the former Korea Venture Center Branch of the Korean Venture Bank and entered into a check contract in the name of the company C, which he operates.
On July 2010, the Defendant issued a check number D, face value 11,507,00 won, and the check number per bank under the name of the above company as of October 20, 2010, which was issued on October 20, 2010 on the date of issuance, and issued the check on October 20, 2010, which was the date when the holder of the check presented the check, but failed to pay it as a suspension of transaction, and issued a check within six months from that time to September 20, 2010 as shown in attached Table 2, and issued a check within the time limit for payment, and presented the check to the holder of each check, but failed to pay it as a suspension of transaction.
Summary of Evidence
[2014 Highest 348]
1. Defendant's legal statement;
1. Statement to E by the police;
1. A detailed statement of overdue wages (2014Sang 447);
1. Defendant's legal statement;
1. Application of each statute on a written accusation;
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts; Articles 31 and 9 of the former Act on Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 2011); and Article 2(2) and (1) of the Illegal Check Control Act (amended by Act No. 10967, Jul. 25, 201);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution: Article 62(1) of the Criminal Act has no record of the same kind of crime; violation of the Labor Standards Act;