A defendant shall be punished by imprisonment for not more than ten 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 the largest shareholder and the chairperson of Gangnam-gu Seoul Metropolitan Government who employs 150 full-time workers as the chairperson and operates software development and supply business along with the representative director E.

The Defendant in breach of the Labor Standards Act is working in collusion with E during the period from March 14, 2005 to October 6, 2011.

Withdrawn F’s wages of KRW 1,452,368 on September 2010, and KRW 258,836,090 on the aggregate of the wages of 19 workers, as shown in the attached Table of Crimes List (1), did not pay within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working for the pertinent company in collusion with E during the period from March 14, 2005 to October 6, 2011.

Withdrawn F's retirement pay of KRW 25,311,490 as well as KRW 84,027,962, including five employees, did not pay the total amount of KRW 84,027,962 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Each police suspect interrogation protocol regarding E;

1. Each police statement made to G, H, F, and I;

1. Each statement of J, K, L, M, N,O, P, Q, R, T, U, and V

1. Application of relevant Acts and subordinate statutes of W, X, and Y;

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

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

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. Article 62 (1) of the Criminal Act;

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