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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who employs 50 full-time workers in Seocho-gu Seoul Metropolitan Government and operates a service business chain (main)C.

The defendant is an employee of the above state (C) from April 2, 2007 to April 30, 2012.

5,491,730 won of retirement allowances of retired workers D was not paid within 14 days from the date on which the cause for payment occurred without any agreement between the parties to the extension of the due date, and the total amount of 104,275,088 won, such as wages, for 29 persons as shown in the attached Table of Crimes List, was not paid within 14 days from the date on which the cause for payment occurred without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to each written retirement allowance calculation;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;