Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the E representative in Ansan-si, Seosan-si, who is an employer who runs the Do and retail business with five regular workers.

The Defendant did not pay the total amount of KRW 41,66,738 of retirement allowances to two employees, including KRW 19,052,028, and KRW 22,614,710, and KRW 738 of retirement allowances to G, who worked in the same place of business from July 1, 1995 to November 30, 2013 at the same place of business, within 14 days after retirement, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Police suspect interrogation protocol of the accused;

1. Application of statutes to each fact-finding certificate, written calculation of retirement allowances, average wages, and written calculation of retirement allowances;

1. Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 9 of the Act on the Guarantee of Workers' Retirement Benefits through which each crime is applicable and each punishment is selected;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel in the determination of the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant's defense counsel at the end of the end of January 1, 2002 made interim settlement of retirement allowances under the agreement with the victims, and the defendant's defense counsel at the end of January 1, 2003 asserted that there was no intention to commit a violation of the Guarantee of Workers' Retirement Benefits Act since he paid retirement allowances by mutual consent with the victims to include them in the wages. However, there is no evidence to prove that the defendant agreed to pay retirement allowances in the wages after January 1, 2003 (the interim settlement of retirement allowances claimed by the defendant as the payment of retirement allowances was deducted from the originally calculated retirement allowances, and the remaining amount of retirement allowances after the deduction