A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, violation of the respective Labor Standards Act against B and C.

Punishment of the crime

On February 14, 2013, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Suwon District Court, and the judgment became final and conclusive on May 21, 2013.

The Defendant is the representative D of the company at issue and is an employer engaged in the chemical product manufacturing business, and from October 17, 2005 to May 31, 2012, 2012, the Defendant worked in the above workplace located in the wife E and retired from the above workplace located in the wife population E, and the employee F's wage of KRW 11,542,660 and retirement allowance of KRW 11,816,490 as shown in the annexed crime list 1, as shown in the annexed crime list 1, the Defendant did not pay KRW 26,512,720 and the total amount of KRW 42,651,210 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Statement of the defendant in the protocol of trial;

1. Each petition of the F, G, H, and I, and a written statement of the authenticity;

1. A written calculation of average wages and retirement allowances;

1. Previous convictions: Court rulings and the application of Acts and subordinate statutes to inquiry into cases;

1. Fact-finding that the relevant legal provisions apply to the payment of wages: Article 109 (1) and Article 36 of the Labor Standards Act does not pay retirement allowances: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the part dismissing dismissal of Article 37 (1) 2, Article 38 (1) 2, and Article 50 of the Criminal Act concerning B and C among the facts charged in the instant case is an employer who employs 30 full-time workers as stated in the facts charged. From March 2, 2007 to August 31, 2012, the Defendant did not pay two wages totaling KRW 10,39,060, total sum of KRW 12,482,410, total sum of KRW 22,81,470 and KRW 10,292,430 of the wages of the retired worker B who worked in the instant workplace and retired from the said workplace without agreement between the parties on the extension of the period of payment from March 2, 2007 to August 31, 2012.