A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of C in Kimhae-si, who is a full-time worker in C, and operates a steel-frame manufacturing business using 11 workers.

Defendant D’s wage of KRW 6,50,00, retirement allowance of KRW 7,813,690, which served as a site warden from March 18, 2013 to February 28, 2015 at the same place of business, did not pay KRW 6,50,00, retirement allowance of KRW 7,813,690 within 14 days from the date of the retirement without agreement on the extension of the payment deadline, as shown in the list of crimes in the attached Table of crimes, and did not pay KRW 28,50,100, total amount of seven employees’ wages, and KRW 67,503,730, total amount of ten employees’ retirement allowances within 14 days from the date of the retirement without agreement on the extension of the payment deadline.

Defendant 304 of the 2015 Highest 3004, Defendant C, working from July 1, 2011 to February 28, 2015, did not pay KRW 8,601,840 of the retirement allowances of retired workers E, within 14 days from the date of the retirement without any agreement on the extension of the payment deadline.

Summary of Evidence

"2015 Highest 2812"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Details of verification of facts, such as telephone, 2015 highest 3004";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes (E);

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The total amount of unpaid wages and retirement allowances for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended execution exceeds 100 million won, but the defendant is the primary offender, and the defendant intentionally committed each of the crimes of this case.

The sentence shall be determined as ordered in consideration of all the circumstances, such as the fact that there is no special evidence to see, the age, sex, environment, motive and circumstances of the crime, and the circumstances after the crime.