A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

[criminal power] On November 18, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Seoul Eastern District Court, and the judgment was finalized on September 7, 2017. On September 10, 2018, the Defendant was sentenced to two years of imprisonment for a violation of the Labor Standards Act at the Seoul East East East District Court, and the said judgment became final and conclusive on December 29, 2018.

【Criminal Facts】

The Defendant is a user who has operated software development business as the representative director of the Gangnam-gu Seoul Metropolitan Government Co., Ltd., and the Defendant worked in the said company from November 11, 2013 to March 31, 2017, and did not pay the total of KRW 18,000,000, monthly wage of KRW 18,778,082, and retirement allowance of KRW 6,78,082, from February 1, 2016 to February 28, 2017, and paid KRW 1,950,000,000, monthly wage of KRW 2,50,000,000 from July 2, 2016 to March 31, 2017 to KRW 1,50,06,006, 206, 2046, 206, 2056, and 406, respectively, within each of the parties’ retirement allowances from August 28, 2016.

Summary of Evidence

1. The defendant's partial statement in court, D, and E's respective legal statements in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A detailed statement of transactions by account, statement of transactions by account, and copy of employment contract;

1. Previous convictions: Criminal records, investigation reports (verification of the fact of release of a suspect), investigation reports (adjudications in the first instance court related to a suspect), investigation reports (verification of the progress of trials by a suspect), and application of Acts and subordinate statutes;

1. Article 109 and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the main sentence of Article 44 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (the point of not paying retirement allowances for each worker) concerning criminal facts;

1. Trade name;