A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an employer who employs 45 full-time workers as the representative director of D (ju) located in Seocho-gu Seoul Metropolitan Government, and operates a construction business.

The defendant shall work for the above company from March 12, 199 to June 30, 2012.

A retired worker E’s wage of KRW 11,370,00 as well as KRW 143,915,890 as well as KRW 5,617,390 as well as KRW 62,221,215 as well as retirement allowances of KRW 62,137,105 as well as KRW 62,206,137,105, as described in the attached list of crimes in the attached list of crimes, were not paid within 14 days after the cause for the payment occurred without agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of the E, F, and G;

1. Each petition of H, E, 45, F, etc.;

1. Details of money and valuables in arrear, details of calculation of retirement allowances, statements of payment, calculation of retirement allowances, and application of Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence of Article 62(1) of the Criminal Act (hereinafter referred to as the reasons for sentencing) provides that the amount of unpaid wages and retirement allowances is large to KRW 200 million in total. Meanwhile, the accused confessions, and the two times of the same kind of fines that occurred at the same time similar to this case, and there are no other criminal records. The attached list Nos. 1 through 17 provides substitute payment to the employees listed in the annexed list No. 129,631,029 in total, and the employees listed in the annexed list No. 18 through 47 in the annexed list of crimes (F, I as the representative) are paid in total to the employees listed in the annexed list No. 18 to 47,180,000.