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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The defendant is the actual management owner of the E Co., Ltd. in Seocho-gu Seoul Metropolitan Government D2, who employs 30 full-time workers and operates a computer maintenance and repair business.
From January 1, 2013 to March 31, 2013, the head of the division in the above company shall be employed by the defendant.
A retired worker F did not pay the total of KRW 585,034,00,000,000,000,000 within 14 days from the time when the grounds for such payment occurred without agreement between the parties on the extension of the payment
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. 247 work process data;
1. Details of occurrence of overtime work and application of Acts and subordinate statutes to materials (one month to three months);
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;
1. Penalty fine of 200,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the Criminal Act (Article 59(1) of the Suspension of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement of Pronouncement refers to cases where a defendant would not be subject to further criminal punishment even if he/she does not sentence in light of the degree of reflect, comprehensively taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the degree of reflectability. On the contrary, the phrase “where the circumstances prior to the opening are obvious” is limited to cases where the defendant does not have to repent in depth of the crime, or where the defendant denies his/her refusal without confession of criminal facts, it shall not be interpreted that the suspension of sentence cannot be always made (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 2003); and the defendant is a primary offender; the background of the crime of this case; the amount of unpaid allowances; and other circumstances at this time, taking into account the circumstances];