The defendant shall be innocent.

I. Facts charged

1. The Defendant in the facts charged of this case is a representative of E Co., Ltd. and five full-time workers in Yangcheon-gu Seoul Metropolitan Government, who operates a communications device sales business, and the employee shall pay wages and retirement allowances within 14 days from the time when the cause for such payment occurred if he retires.

The Defendant, while working in the foregoing workplace from October 1, 2004 to July 20, 2013, did not pay KRW 9,635,310,00 from the date of retirement to the lapse of 14 days from the date of retirement without agreement between the parties with respect to the extension of the due date.

2. The grounds for calculation are as follows: (a) the Prosecutor’s Office, as stated in the above facts charged, shall calculate the difference of accrued retirement allowances of KRW 9,635,310:

Retirement allowances not paid from October 1, 2004 to June 30, 201: 9,529,820 won remaining after subtracting the amount of interim accounts of retirement allowances paid on June 30, 201 from total 11,345,450 to total amount of 1,815,630 won.

(b) Unpaid amount due to the interim settlement of a retirement allowance as of July 20, 2012: 105,490 won remaining after subtracting 1.8 million won as of July 20, 2012 from total 1,905,490 won;

(c) Total amount: 9,635,310 won (=1,529,820 won + 105,490 won)

Ⅱ. Determination

1.The following facts are without dispute between the Prosecutor and the complainant, F and the defendant:

F’s period of service: From October 1, 2004 to July 20, 201, interim settlement of retirement allowances as of June 30, 201: Payment of KRW 1,815,630 as of July 20, 201: Payment of KRW 2,050,775 as of July 1, 2012: Payment of KRW 1,815,630: Payment of KRW 1.8 million as of July 1, 2012; receipt of KRW 2,050,775 as of retirement; and

2. The portion transferred on August 2, 2008

A. According to the records of this case, the following facts are recognized.

The Defendant paid 1.2 million won monthly salary to F until February 2, 2005, and the Defendant paid 1.6 million won monthly salary from March 2, 2005 to August 2, 2006, as follows (37 pages of investigation records) - Labor period from August 3, 2006 to August 2, 2007 - Wages: Basic salary of 1.2 million won, food expenses of 1.15 million won, bonuses of 315,400 won.