A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who employs approximately ten full-time workers in Seoul Special Metropolitan City, Nowon-gu and operates C, an elevator maintenance business entity.

From October 1, 1998 to September 14, 201, the Defendant, as indicated in the list of crimes, failed to pay the total of 183,60,050 won for six wages and retirement allowances and total of 183,00,050 won from the date of retirement within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the respective laws and regulations of F, G, H and I

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant's criminal liability is not less than 183,60,050 won in total for six workers who were not paid by the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act. Considering that the amount of unpaid wages and retirement allowances is high and the amount of unpaid wages and retirement allowances has not reached an agreement with the victimized workers until now, etc.

However, the Defendant’s mistake is against the Defendant when committing the instant crime. The Defendant did not have sufficient amount of demand for substitute payment, resulting in the instant crime due to business deterioration due to the deficit in management. The Defendant also goes bankrupt in the course of bankruptcy, the Korea Workers’ Compensation and Welfare Service paid KRW 52,762,790 to the victimized workers on October 16, 2012, except for the minor penalty of this kind and twice, the Defendant did not have any history of punishment for the same type of crime from October 1, 198 to operate the enterprise, and the Defendant would make every effort to pay the remaining wages and retirement allowances after paying substitute payment.