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

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

Punishment of the crime

The Defendant is a person who employs 13 full-time workers in the name of “C” from the 7th floor of the Seodaemun-gu Seoul Metropolitan Government building B, Seocho-gu, and operates Lestop.

In the event that a worker retires, the employer paid wages and retirement allowances within 14 days from the time when the cause for such payment occurred, notwithstanding that he/she paid wages and retirement allowances within 14 days from March 18, 2013 to June 26, 2014, he/she did not pay KRW 2,500,000 and retirement allowances of KRW 3,062,090 within 14 days from the date of retirement as stated in the attached list of crimes, and did not pay KRW 16,294,240 within 14 days from the date of retirement as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, F, G, and H;

1. Application of Acts and subordinate statutes to the tax withholding receipt, average wages and retirement allowance calculation statement, “average wage and retirement allowance calculation statement, copy of passbook, each account transaction statement (Evidence No. 7,11), copy of passbook, copy of passbook (Evidence No. 17), and current status of unpaid benefits;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (trades in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits for each worker);

1. Selection of imprisonment with prison labor chosen;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant's reasons for sentencing do not have the same criminal records and has no record of criminal punishment heavier than suspended sentence, the defendant's confession and reflects the criminal acts in this case, and the defendant's age, character and conduct, environment, result of the crime and circumstances after the crime are selected after taking into account all the conditions of sentencing.