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

Punishment of the crime

The defendant is a person who operates the company E in Gangnam-gu Seoul building and the 10th floor and operates an advertising agency, etc.

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from June 27, 201 to August 31, 2014, the Defendant did not pay mutual aid funds, nominal amounts receivable, mutual aid funds, retirement reserve funds, KRW 6,477,282 under the pretext of retirement reserve funds, the sum of KRW 1,561,52, and KRW 8,038,834, and the amount of KRW 8,038,834, and the amount of KRW 1,561,52 for non-use of annual leave allowances, from February 28, 2011 to August 31, 2015, the Defendant retired from the company, while taking charge of advertising orders from the company, and did not pay mutual aid funds, accounts receivable, mutual aid funds, KRW 18,283,525 under the pretext of retirement reserve funds, and KRW 2,12,68,208,2396, and KRW 14313,200.

Accordingly, the defendant did not pay the total amount of 28,435,047 won in arrears to two workers within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for an employee unpaid as a retirement allowance shall, if the employee retires, pay the retirement allowance within 14 days after the ground for such payment occurred.

Nevertheless, the Defendant did not pay KRW 5,547,833 of the F's retirement allowance and KRW 10,685,372 of the said G's retirement allowance to the said worker within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Accordingly, the Defendant did not pay the total amount of KRW 16,233,205 to two workers within 14 days from the date of retirement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Prosecutions against the Defendant.