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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
1. The Defendant in violation of the Labor Standards Act is the representative of P Co., Ltd. P located in Masung, who runs a manufacturing business using 30 full-time workers.
The Defendant did not pay the wages of Q 2,036,462 won and retirement allowances of Q 13,40,868 won, which were worked at the above workplace from December 17, 2009 to December 31, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. The Defendant, who is the representative director of the PP, who is a semiconductor equipment manufacturing company (ju). The said company occupied 178 million won or less at the market price of the said company located in the O when it is commercialized.
On May 7, 2015, R with the delegation of the execution of S by the creditor, a notary public attached Article 1 of the aforesaid machine mining center (AWEA CG8050H, MCT-) on the basis of the original copy of the 2014 No. 294 Process Deed No. 2014, a notary public attached the said machine to the said machine.
On June 2015, the Defendant, within the company, brought the said machinery to Tran of Korean mechanical distribution sirens within the company, thereby impairing the utility of the attachment indication.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the police against S;
1. Application of Qua’s written law
1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor (outstanding of Wages), Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (outstanding of Retirement Benefits), Article 140(1) of the Criminal Act (outstanding of indication in the line of duty) and each of the imprisonment options;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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. As to the defense counsel's assertion under Article 62 (1) of the Act on the Suspension of Execution (the favorable circumstances below), the defense counsel held that the machine mining center (hereinafter "the machine of this case") owned a siren of distribution in Korea and had no intention to bring about the owner at will.
The argument is asserted.
The machinery of this case is sprinked.