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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is a person who operates D Co., Ltd. in C and is engaged in a special driving-type manufacturing business using seven full-time workers.
1. From April 7, 2009 to August 5, 2016, the Defendant violated the Labor Standards Act was employed by the said D Co., Ltd. and paid KRW 2,200,00 in October 2015, and KRW 4,200,00 in February 2016, and KRW 4,200,200 in March 3, 200, KRW 4,200,00 in April wage, KRW 4,200,00 in May wage, KRW 4,20,00 in May wage, KRW 4,20,00 in June wage, KRW 4,200, KRW 00 in June wage, KRW 4,200 in July wage, KRW 4,200 in August wage, KRW 67, KRW 419,327,427 in August 27, 2016, without agreement between the parties to retirement and KRW 40 days in total within 140 days in 20 days.
2. From April 7, 2009 to August 5, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 30,145,328 of the retirement allowances of retired workers E within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned; and (b) did not pay KRW 89,229,085, total amount of retirement allowances of five retired workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F, G, H, I, and E;
1. Calculation of each retirement allowance, business registration certificate, certificate of all registered matters, and details of arrears reported by each place of business;
1. Application of each relevant statute;
1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts and Subordinate Statutes concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1 and Article 9 of the Guarantee for Retirement Benefits of Workers, Article 44 of the Act on the Guarantee for Retirement Benefits of Workers, and Selection of
1. The aggravated Criminal Act for concurrent crimes.