A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the actual representative of the 6th floor of Seocho-gu Seoul Metropolitan Government, who runs a construction business using 37 full-time workers.

The Defendant is working at the same workplace from August 16, 201 to February 5, 2016.

A retired D’s total amount of wages and retirement allowances of KRW 30,646,640 and his/her workplace from July 5, 2010 to December 11, 2015.

The total amount of KRW 57,181,900, such as wages and retirement allowances of retired E, was not paid within 14 days from the date of each payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of D or E;

1. Application of Acts and subordinate statutes concerning past details of transactions;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act do not specify the amount of unpaid wages and retirement allowances, the punishment shall be determined by taking into consideration favorable circumstances, such as the fact that the Defendant recognized all the criminal facts of the instant case and reflects the wrong facts, the aggravation of management status led to the instant crime, and the fact that there was no record of being punished or of being fined exceeding the previous criminal facts.