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

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. in Songpa-gu Seoul Metropolitan Government who runs a construction business with seven full-time workers.

From November 25, 2013 to July 31, 2015, the Defendant, as well as the sum of KRW 16,674,658, and total of KRW 97,878,634, including the amount of wages and retirement allowances of seven workers, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E, F, D, G, H, I, and J;

1. Each statement of accounts for the calculation of average wages and retirement allowances (Evidence Nos. 4, 7, 15, 20) E (Evidence List Nos. 5), statements of accounts for retirement allowances and unpaid statements (Evidence List Nos. 9), unpaid statements (Evidence List Nos. 16), statements of accounts for wages/retirement allowances (Evidence Nos. 19) and statements of allowances, etc. (Evidence List Nos. 21);

1. Application of statutes on a certified copy of register;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

1. Articles 40 and 50 of the Criminal Act for the Commercial Concurrent Crimes (only between a violation of each Labor Standards Act for D, G, F, and E, and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1. In light of 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, where the sum of wages and retirement allowances not paid by the defendant for the reasons of sentencing exceeds KRW 97 million and the amount of damage does not completely recover from damage, it is inevitable to sentence sentence in light of the fact that the amount of damage exceeds KRW 97 million, and that the amount of punishment imposed for the same crime is six times or more.

However, there are circumstances to consider the payment of wages, etc. and the fact that the investigation agency and the court have recognized the crime is favorable.