Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a user who employs five full-time workers as a actual manager of a stock company C, which is located in Guro-gu Seoul Metropolitan Government 1003-1, and conducts software development business.

The defendant did not pay wages and retirement allowances to workers listed in the separate sheet Nos. 2 in the annexed list of crimes within 14 days from the date of retirement without agreement on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant has the record of committing the same kind of crime, that there is no cooperation in the procedures for substitute payment, and that other amount of the money and valuables in arrears, the number of victimized workers, and the period of delay in payment, etc. The summary of the facts charged in the instant case is that “the defendant did not pay wages and retirement allowances for workers listed in No. 1 in the annexed Table No. 1 of the crime sight table within 14 days from the date of retirement without agreement on the extension

This is a crime of non-violation of intention. According to the written agreement bound in the records, the above employee has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.