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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is the representative director of the Bank of Korea (Seoul Special Metropolitan City, Gyeong-gun C). From September 22, 2014 to December 31, 2016, the Defendant retired from the said Company as the Defendant worked in the said Company. From December 2, 2015 to December 31, 2016, the amount of KRW 5.6 million paid from December 2, 2015 to December 3750, 2016, the annual leave allowances of KRW 2,870,810, retirement allowances of KRW 14,470,30, total amount of KRW 107,091,140, total amount of KRW 107,09,000,000 from the date of retirement.

Summary of Evidence

1. Each legal statement of D and E;

1. Application of Acts and subordinate statutes to a contract for employment of benefits in the position of an annual salary, performance assurance;

1. Facts constituting an offense: Article 109 (1) or Article 36 of the Labor Standards Act that does not pay retirement allowances: Subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant asserts to the effect that the Defendant did not have any intention to violate the Labor Standards Act with respect to the existence or the scope of the obligation to pay the remainder of the wages, performance bonuses, and retirement allowances, excluding the annual leave allowances.

2. However, in light of the following circumstances, the Defendant’s assertion is difficult to accept.

(1) Unpaid wages and performance-based bonuses may be recognized.

According to the statement of each annual salary pay work contract (Evidence No. 6, 18), E testimony, performance letter (Evidence No. 7), etc., the defendant may recognize the fact that the defendant entered into a labor contract with annual salary of KRW 70 million, with annual salary of KRW 15 million, and provided labor from September 22, 2014 to December 31, 2016, and that the defendant did not receive wages and incentives as stated in the facts charged.

Although the defendant asserts that the above annual salary pay contract was forged by D, the defendant's non-prosecution disposition is not imposed on the defendant's charge of forging or uttering of private documents against D.