A defendant shall be punished by imprisonment for six months.

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

(e).

Punishment of the crime

The defendant is an employer who runs the manufacturing business of steel structures by employing 10 full-time workers under the trade name of Da in the building B in Gyeongnam-gun.

1. The Defendant who was not paid wages, from January 5, 2016 to the above workplace, was serving as an official title, and on February 11, 2017, the Defendant paid KRW 23,060,000 as wages of KRW 1,040,000 on January 1, 2017, of the retired workers D, and KRW 3,45,000 on February 2, 2017, as well as KRW 12,3,5,5,8,9,9,000 on February 1, 2017, and KRW 23,060,000 as wages of KRW 7 workers, as in the case of [Attachment] 12,3,5,8,9,9,100 on February 1, 2017, without an agreement between the parties on the extension of the payment date.

2. The Defendant, as stated in paragraph 1, did not pay KRW 20,631,340, total sum of three employees’ retirement allowances, including KRW 2,823,060, as stated in the list of crimes in the separate sheet of crimes, within 14 days from the date of each retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on acquisition of investigation data (a detailed statement of payment for completed portion);

1. Fact-finding certificate of the relevant case (the statement of unpaid wages, retirement allowance calculation statement, business registration certificate, and wage ledger);

1. Details of confirmation of fact, such as telephone;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to August) of the type 1 (less than 50 million won) shall be the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and unpaid wages, etc.; and

2. The scale of the overdue wages and retirement allowances due to the crimes of each of the instant cases in which the sentence of sentence was rendered is approximately approximately 4,300.