The sentence of sentence against the defendant shall be suspended.

Criminal facts

The defendant is a user who operates an industrial valve manufacturing business using five full-time workers under the name of D, the representative of the C building 18 Dong 26, Siung-si.

1. The Defendant worked in the foregoing workplace from August 15, 2012 to August 31, 2013, and did not pay 3,400,390 won in total, including the amount of wages of 308,930 won in July 2013, and the amount of wages of 3,400,390 won in August 2013 of the same year, without any agreement between the parties on the extension of the payment deadline between the parties concerned, within 14 days from the date on which the cause for the payment occurred.

2. The Defendant worked in the foregoing workplace from August 15, 2012 to August 21, 2013, and did not pay KRW 3,063,190 of retirement allowances E retired from the said workplace within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a petition prepared by E;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 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 Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The crime of this case under Article 59(1) of the suspended sentence is the case in which the defendant, the employer, was employed and did not pay wages and retirement allowances to the retired E within the due date, and is deemed to have suffered economic difficulties due to the failure of E to receive wages, etc., and the defendant recognized the crime of this case and reflects his mistake in depth, and the amount of the defendant's unpaid wages, etc. is relatively less than the amount of the defendant's unpaid wages, etc. to E, and the defendant paid the amount exceeding the amount of the unpaid wages, etc. to E until now, and at the trial of this case.