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 user who operates the E Co., Ltd. in Gangdong-gu Seoul Metropolitan Government building D.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from June 8, 200 to April 30, 2018, did not pay wages of 30,578,95,340 won in total and retirement allowances of 41,216,390 won in total and retirement allowances of 71,795,340 won in total, and G wages of 25,54,680 won in total and retirement allowances of 21,24,50 won in total and 46,789,182 won in total and 118,584,522 won in total for two workers from September 1, 2010 to April 30, 2018 within 14 days from the date of retirement without agreement between the parties concerned on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G, and a written confirmation of each fact;

1. Details of benefits, each written calculation of retirement wages and retirement allowances, and each detailed statement of transactions;

1. Each notarial deed;

1. Application of Acts and subordinate statutes on details of overdue wages;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, the choice of punishment, and Articles 109 (1) and 36 of the same Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

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

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

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

(a) Class 1 crime (Violation of the Labor Standards Act) [Determination of Penalty] Violation of the Labor Standards Act: Unpaid amount such as wages, etc. [Type 3] 10 million won or more [the scope of recommendation and recommendation] basic area; imprisonment from August to January 16;

B. Second Crimes (Violation of the Labor Standards Act) [Determination of Penalty] Violation of the Labor Standards Act] The basic area of unpaid wages, etc. [Type 3] above 100 million won [the recommended area and the scope of recommended punishment].