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

Punishment of the crime

The Defendant was an employer who employs five full-time workers in Busan Gangseo-gu and operates (ju)C, and the employer paid all money and valuables, such as wages, retirement allowances, etc., within 14 days from the date of the occurrence of the cause for such payment, despite the fact that the employee died or retires, the Defendant did not pay 17,804,248 won in total, including wages, retirement allowances, etc., from May 1, 2014 to September 30, 2015, and did not pay 17,804,248 won from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as stated in the details of money and valuables in attached Form 2, including three wages, retirement allowances, etc., total of 50,859,119 won, including three wages, retirement allowances, etc., as stated in the payment notice for each individual.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A letter of complaint and power of attorney;

1. Application of Acts and subordinate statutes to inquire into the details of overdue wages, each average wage and retirement allowance for each individual, and transaction details;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and the main sentence of Article 9 of the Guarantee of Workers’ Retirement Benefits Act (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the reflection of crimes, the absence of criminal records in the same kind, the repayment of a certain amount to the victims after the institution of the prosecution, etc.);