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

However, the execution of the above sentence 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 an employer who employs 7 full-time workers in Nam-gu, Incheon and operates (State)C.

When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and shall pay him/her a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the wages of KRW 20,965,156 and the retirement allowances of KRW 8,612,652 to the employees D who retired from the said workplace from May 6, 2009 to June 30, 2014, within 14 days from the date on which the reason for retirement or payment occurred, as stated in the list of crimes in the attached Table, and did not pay the wages of KRW 52,362,910 and the retirement allowances of KRW 10,395,80 for the total three workers as stated in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of the defendant, E, and D;

1. Application of Acts and subordinate statutes, such as a factual confirmation, details of benefits, and copy of summary order;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1, and Article 9 of the Guarantee for Retirement Benefits of Workers (which refers to the payment of unpaid wages), and the choice of imprisonment, respectively;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations for the sentencing criteria;

(a) Type 2 (not less than 50 million won, less than 100 million won), basic area (not less than 6 months and 100 million won), such as wages, etc. (in violation of the Labor Standards Act)

(b) Two crimes (the violation of the Guarantee of Workers' Retirement Benefits Act) / [the scope of recommended punishment] The basic area (from April to August) of non-payment of wages, etc. (the amount of less than 5,000 won)

2. The scope of final sentence due to the aggravation of multiple offenses: From June to April; and

3. The defendant who has rendered a sentence shall establish and maintain the instant business body in 2007.