A defendant shall be punished by imprisonment for a term of one year and ten months.

Of the facts charged in this case, the violation of the Guarantee of Workers' Retirement Benefits Act is applicable.

Punishment of the crime

[2018 Highest 8222] The Defendant is the representative director of Yeonsu-gu Incheon Metropolitan Government F Co., Ltd. (hereinafter “F”) who is engaged in the manufacturing industry by making use of six full-time workers.

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

Nevertheless, the Defendant provided labor to the said workplace from April 25, 2017 to March 30, 2018, and did not pay the aggregate of KRW 12,681,320 of the wages of retired workers G (attached Form 1) within 14 days from the date of each retirement, without any agreement on the extension of the due date between the parties concerned.

[2018 Highest 9542] The Defendant, as the representative director of F located in Yeonsu-gu Incheon Metropolitan City D, was receiving research expenses from December 4, 2014 to December 31, 2017, while performing research projects under the “H” under the supervision of the Korea Institute for Infrastructure and Technology Promotion of Victims from December 4, 2014.

On November 16, 2015, the Defendant received KRW 43,00,00 from the victim for the implementation of the said research task, and was in custody for the victim, and used the said research expense with F’s operating funds, etc. around that time. On July 7, 2016, the Defendant continued to receive KRW 29,50,000 from the victim for the victim and used the said research expense with F’s operating funds, etc. in accordance with the spirit of the said research expense.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

[2019 Highest 289] The defendant is a representative director of the F in Yeonsu-gu Incheon Metropolitan City D or E, who is engaged in the manufacturing industry with six full-time workers.

Wages shall be paid directly in currency to workers in full, and shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant’s wage of April 1, 2018, 5.4.