A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

The defendant is the representative of C Co., Ltd., which is 1402 building B in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, who is engaged in software development and advisory business by employing 17 full time workers.

The Defendant did not pay 68,642,00 won in total as well as 13,91,00 won in total and 18,000 won in the attached Form, including 5,366,00 won in January 5, 2008 to March 18, 2014, and 5,660,000 won in February 2, 2014; and 13,91,000 won in total as well as 18,015,762 won in the attached Form, including 10 workers who worked in the above workplace from November 5, 2008 to March 18, 2014; and 136,428,844, respectively, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant (including the attached business registration certificate and each rank ledger);

1. Application of Acts and subordinate statutes to police statements (including attached documents (including a statement of goods in arrear, average wages and retirement allowance calculation)) to E;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include ten workers, who are not paid by the defendant, total of KRW 250 million, and the amount of unpaid wages and retirement allowances, as above, is high, and the injured workers do not reach an agreement with the injured workers up to now, and thus, the crime of this case is light. However, on the other hand, the defendant committed the crime of this case due to the business decline of government agencies and the management deterioration caused thereby, and the defendant and the defendant's wife during the course of bankruptcy.