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 became final and conclusive.

Punishment of the crime

The defendant is the representative of D Co., Ltd., which has an office of No. 2708 of the Yeongdeungpo-gu Seoul Building 2708, and is a user who runs software development business using 10 full-time workers.

1. From November 27, 2013 to May 11, 2015, the Defendant violated the Labor Standards Act: (a) was working in Company D; (b) paid KRW 3,487,810 in November 2014 of retired workers E; (c) paid KRW 7,500,00 in January 2015; (d) paid KRW 7,50,500 in February wage; (b) KRW 7,500,500 in March wage; (c) KRW 7,500 in April wage; (d) KRW 7,500,50,000 in April wage; and (e) KRW 3,037,040 in annual settlement refund at the end of April 2014; and (e) KRW 4,025,050 in total; and (e) did not pay KRW 1648 days in [Attachment 486 days in total within 148 days in agreement between the parties concerned; (e.g.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) was working in Company D from November 27, 2013 to May 11, 2015; and (b) did not pay KRW 10,885,899 of the retirement allowances of retired workers E within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties; and (c) did not pay KRW 37,518,000, total retirement allowances of four retired workers, as shown in the list of crimes in the attached Form, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E, F, G and H

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62 of the Criminal Act: