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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a representative director C, a corporation located in Suwon-gu, Suwon-si, who runs a construction business using one full-time worker.
If an employee retires, the employer would not pay all money and valuables, including wages, and retirement allowances, within 14 days from the date of retirement unless agreed by the parties, even though he/she would be paid such money and other valuables and retirement allowances within 14 days from May 20, 2004 to March 31, 2017 as well as 206,975,47 won in total for three employees as stated in the list of crimes in the attached Table, and 109,295,986 won in total for three employees, as stated in the list of crimes in the attached Table, were not paid within 14 days from the date of retirement without an agreement between the parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to D, E, and F;
1. Application of Acts and subordinate statutes to verify arrears of wages;
1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (the fact that each of the wages is not liquidated), subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act on the Guarantee of Workers' Retirement Benefits (the fact that the wages are not paid);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Although there are no criminal records and confessions by the Defendant for reasons of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the amount of money in arrears as stated in each of the facts stated in the judgment exceeds a total of KRW 300 million, and other circumstances indicated in the records and the theory of changes, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.