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.

(e).

Punishment of the crime

The defendant is the representative of Sungwon-si building C in Sungwon-si, who is a user who operates industrial plant piping system by using 40 full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working in the workplace from April 1, 2016 to December 28, 2018.

The retired D’s wage of KRW 2,54,990 on December 2, 2018, including KRW 10,252,70 on retirement pay, KRW 10,252,70 on retirement pay, and KRW 21,24,26,27,28,30 through 33, 35, and 39 through 57 on the total of 33 workers as indicated in the attached Table of Crimes List of Crimes, including the [Attachment] 4, 6, 11, 12, 21, 24, 26, 27, 28, 30 through 33, 35, 39, and 57 on the total of wages of 33 workers, did not pay KRW 102,753,353,86 on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, A, and F;

1. Application of Acts and subordinate statutes concerning the current status of wages in arrears by individual;

1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a person who violates the Labor Standards Act with respect to the same worker and a person who violates the Guarantee of Workers' Retirement Benefits Act, and a person who is sentenced to the punishment on the violation of the Labor Standards

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

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of Labor Standards Act) [Determination of Penalty] Violation of Labor Standards Act] In a case where the payment of wages, etc. [Type 3] is recovered from considerable damage to at least KRW 100 million [Special Convict] [The area of recommendation and the scope of recommendation] mitigated area, six months to one year.