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A defendant shall be punished by imprisonment for four months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
The defendant is a user who employs 7 full-time workers as the operator of C in the second floor of the Seoul Jung-gu B building in Seoul, Jung-gu.
From September 14, 201 to November 30, 2012, the Defendant, while working in the said company, did not pay KRW 16,666,66, retirement allowances, and KRW 4,010,230,00 to D’s retirement, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.
In addition, the Defendant did not pay the total amount of KRW 64,413,329 for four retired workers and the total amount of KRW 68,423,559 for the aforementioned D including retirement allowances of KRW 4,010,230 for four retired workers as indicated in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Each statement of E, D, F, and G;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
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 (Violation of the Labor Standards Act concerning Workers D in the market and Violation of the Guarantee of Workers' Retirement Benefits Act) of the Commercial Concurrent Crimes Act;
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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act that has no particular criminal record, including once a fine of the same kind, the amount of overdue wages,