A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant, as the representative director of the limited company C, D, and E in Seo-gu Incheon, is an employer who employs 27 full-time workers and engages in the production of wood scrap, the import and distribution of raw timber, the landscaping facility business, etc.

The Defendant did not pay an amount equivalent to KRW 13,061,791 of the F's retirement allowances retired from Korea from Korea to November 30, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as the Defendant was working in the limited company C from January 15, 2010 to November 30, 2016.

In addition, the Defendant did not pay a total of KRW 322,424,337 to 21 workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as stated in the list of annexed crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The application of the relevant Acts and subordinate statutes to each retirement allowance calculation statement, retirement pension statement, detailed statement of entry and departure, detailed statement of entry and departure transactions, and benefit ledger, each true statement of F, H, I, J, K, L, M, N, P, and Q;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. It is difficult to exempt the sentence of imprisonment due to the total amount of unpaid wages and retirement allowances equivalent to or more than 300 million won for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.

However, the defendant recognized his mistake and reflected his mistake.

It does not seem to be maliciously unpaid.

Of the unpaid retirement allowances, 100 million won was paid as retirement pension.

The defendant has only one previous offense of fine and has no previous offense of the same kind.

The defendant's age, sex, family relationship, and other circumstances.