A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Punishment of the crime

The defendant is the representative of C Council members in the 12th floor of building in Yeongdeungpo-gu Seoul Metropolitan Government, who employs 36 full-time workers and operates health business, etc.

The Defendant did not pay wages or retirement allowances to each worker as stated in the attached table Nos. 5 through 8, 10, 13, and 20 within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. D and 35 copies of petition;

1. Application of Acts and subordinate statutes to copies of bankbook transactions;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

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

1. The summary of the facts charged in this part of the indictment is that "the defendant did not pay wages or retirement allowances within 14 days from the date of retirement without agreement on the extension of the due date for payment to each worker as stated in the attached Table Nos. 1 through 4, 9, 11, and 12, as stated in the attached Table," in Article 62 (1) of the Criminal Act (the damages are deemed to have been partly recovered by the substitute payment for a part of workers, and the damages are likely to be additionally recovered through a real estate compulsory auction procedure in progress for an apartment owned by the defendant, and the defendant has no record of committing the same crime against the defendant)."

This is a crime of non-violation of intention. According to the evidence duly adopted and investigated by this court and each written agreement bound in the trial records, each of the above workers has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.