A defendant shall be punished by imprisonment for not less than eight 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 50 full-time workers in Gwangjin-gu Seoul and operates D Co., Ltd.

The Defendant, while working for the said company from January 25, 201 to September 30, 2014, was retired from office and did not pay 73,787,610 won, total sum of wages and retirement allowances of 21 workers, as stated in the attached Form Nos. 1 to 21, including the amount of 60,000 won of wages and retirement allowances of 7,930,610 won in July 201 of 2014, within 14 days from the date of retirement without any agreement on extension between the parties to the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement related to F and G;

1. Application of relevant Acts and subordinate statutes of each of the files and F statements;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act (trades violating the Labor Standards Act for the same worker and violating the Guarantee of Workers' Retirement Benefits Act);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. is that the amount of wages and retirement allowances in arrears exceeds 74 million won in total, and the criminal records of identical fines have been six times or more is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element for sentencing favorable to the defendant, such as the fact that the defendant had no previous conviction beyond the fine and reflects his mistake, the termination of the contract with the prime contractor, and the fact that the overdue wage and the overdue wage are one-month, and the payment of wages and retirement allowances to workers through substitute payments is made partly.

The age of the defendant in the same circumstances as above;