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 representative director of C, a corporation which employs 12 full-time workers in Suwon-si B and operates ice Manufacturing Business, etc., and is the employer.

In addition, the Defendant did not pay 1,517,200 won for the victim D who retired while working in the said workplace from June 15, 2015 to February 19, 2016, and 1,783,630 won for the part of February 2, 2015 to the victim D within 14 days from the date of retirement without agreement with the victim D regarding the extension of the due date, and did not pay 28,472,89,530 won for the victims who were employees as shown in the attached list of crimes, including the total amount of wages and retirement allowances of 28,472,89,530 won for the victims who were employees, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Application of each statute on the details of unpaid benefits and the calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between a violation of each Labor Standards Act against the victim E and F, and a violation of each Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

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 on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 2006);