Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of C in Dobong-gu Seoul Metropolitan Government who ordinarily employs seven workers and operates a health club.

The Defendant served in the said workplace from May 20, 2016 to October 8, 2017, as wages of 2,50,000 for September 2017, retirement allowances, retirement allowances of 3,343,508 won, wages of 30,000 won for July 16, 2016 to October 8, 2017, and did not pay retirement allowances of 1,80,000 won for retirement allowances of 2,77,070 won for retirement allowances, 07, 070 won for 2,50,000 won for 2,50,000 won for retirement allowances, from October 6, 2016 to October 8, 2017, and did not pay retirement allowances of 3,500 won for 20,500 won for retirement allowances from July 16, 2016 to 205, 208, 2017.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. Each police statement concerning D;

1. An inquiry about details of transactions, average wages, and retirement allowances, including details of unpaid money and goods, detailed statements of wages, etc. by account, detailed statements of transactions by account, and inquiries about bank transactions;

1. Business registration certificate, etc.;

1. Application of Acts and subordinate statutes to a copy of the decision on non-prosecution of occupational embezzlement case No. 34199, a criminal investigation report (the details and results of transactions in the accounts of suspects) and accompanying documents;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order exceeds the overdue wages and retirement allowances by receiving the PTS sales, etc. from the individual account.