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

Punishment of the crime

The defendant, as the representative of C Co., Ltd. in Si interest city B, is an employer who operates the manufacturing business of industrial machinery by employing four full-time workers.

around May 15, 2013, the Defendant did not pay 74,163,675 won, including the sum of 43,339,450 won from April 1, 201 to April 1, 2013 of the wages of retired workers D, and the sum of 1,789,520 won for year-end settlement, retirement allowances and 3,341,649 won for retirement allowances and 48,470,619 won, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement on the extension of payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with respect to E, D, and F;

1. 미지급급여대장, 평균임금 및 퇴직금 산정서, 계좌별거래명세표, C 급여 및 연말정산 미입금 내역, 소득자별 근로소득원천징수부, 우리은행거래내역조회, 근로소득지급명세서, 체불임금내역서(D), 평균임금 및 퇴직금 산정서, 소득자별근로소득원천징수부, 근로소득지급명세서, 거래명세표, 녹취록, 전화 등 사실확인내용, 민원서류제출 법령의 적용

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant has been sentenced to a fine for the same kind of criminal offense, and even though the amount of unpaid wages is relatively large to about 74 million won, it is inevitable to sentence the defendant as to the defendant, considering that the defendant has not paid wages to workers or has not received a letter of favor until now, etc.

However, the favorable circumstances such as the confession of the defendant, and other cases.