A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The Defendant was a person who operated E using 10 full-time workers in Nam-gu Incheon Metropolitan City, and the Defendant did not pay wages and retirement allowances of two workers within 14 days from the date of retirement, such as F and G’s total amount of wages and retirement allowances of F, which worked from June 20, 2008 to April 21, 2012, as well as F and G’s portion of the attached arrears.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of G and F

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

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the crime of this case, the fact that the defendant's failure to pay wages and retirement allowances in bad faith is not likely to result in the crime of this case due to business deterioration, and other factors of sentencing including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime shall be determined as ordered in consideration of all the factors of sentencing.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant was a person who operated E using 10 full-time workers in Nam-gu Incheon Metropolitan City, and the Defendant did not pay two workers’ wages and retirement allowances within 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned, as stated in the part of the attached Form B and C, including KRW 31,754,910, total wage and retirement allowances of B worked from March 17, 2007 to February 28, 2015.

2. Each of the above facts charged falls under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act.