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

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 is the representative of Mapo-gu Seoul Metropolitan Government C, who runs a manufacturing business with ten full-time workers.

An employer, when a worker retires, shall pay all money and valuables and retirement allowances, including wages, within 14 days from the date of retirement, unless agreed by the parties, but the Defendant did not pay 40,951,837 won in total and 53,836,669 won in total for five workers as stated in the list of crimes in the attached Form, including 2,683,200 won in October 2017, with respect to D workers who worked from March 26, 2012 to December 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as the detailed statement on overdue payment of wages, retirement allowance calculation statement, and statement of passbook transaction;

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; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (a point of payment of unpaid wages) for each worker;

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

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The detailed criteria for mitigation area (one month to August) of Class 2 (50 million won or more, or less, and less than 100 million won): In the event that, as a result of the combination of the same types of competition, there are special reasons for special consideration for the reason for failure to pay [the sentence] [the sentence] under favorable circumstances: the fact that it appears to have been inevitable to commit a crime due to the aggravation of business management; the closed business; the fact that the closed business bears a large amount of guarantee liability for the principal debtor; the fact that economic circumstances are difficult; the fact that there is no force other than the fine imposed; the fact that there is a large amount of money and valuables in arrears; and the fact that there is no force other than the fine, and the defendant's personal seal.