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

However, the execution of the above punishment 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 a user who operates high-pressure gas machinery manufacturing business as the representative of C (State) in Haak-gun, Chungcheongnam-gun.

1. The Defendant did not pay KRW 2,604,942 on October 28, 2016 of the victim D who retired from office on July 25, 2008 at the said place of business, to KRW 3,181,109 of the wage on November 28, 2016, KRW 4.50 of the wage on December 50, 2016, KRW 2,842,705 of the wage on January 2, 2017, KRW 4,083,496 of the wage on February 25, 2017, KRW 2,763,108 of the annual paid leave allowance on February 28, 2017, KRW 19,646,919 of the victims’ total amount of money and valuables, including KRW 19,646,919 of the annual paid leave allowance on February 28, 2017, within 3616 days of the agreement between the parties to retirement.

2. The Defendant did not pay the total amount of KRW 46,695,090 of the victims’ retirement allowances, as stated in the detailed statement of the money and valuables in arrears in the attached Form, as well as KRW 32,587,168 of the victim D’s retirement allowances retired from February 28, 2017, to the above workplace from July 25, 2008, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each written complaint, certificates of overdue wages, and delayed payment;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act has a record of being punished by a fine for the same kind of crime.

However, the defendant's mistake is recognized and reflected, and it seems that the defendant is not in arrears with bad faith.

Some money and goods have been provided by the defendant by making considerable efforts to recover damage.

(b) other.