A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of corporation C in Gangnam-gu Seoul, who is engaged in the business of manufacturing handphone parts using eight full-time workers.

From April 1, 2017 to August 31, 2018, the Defendant did not pay KRW 9,637,673 in total, retirement allowances, KRW 8,098,553 in total, and KRW 82,618,742 in total, the wages and retirement allowances of two total workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of the Labor Standards Act by worker and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (a) all of the crimes are recognized and reflected; (b) the embezzlement of employees of the Defendant’s company appears to be the reason for the failure to pay the instant wage and retirement allowance; (c) some of the above embezzlements appears to be attributable to the victimized workers; and (d) the disadvantage that the shareholders of the company want to take the Defendant against the Defendant: (a) the amount of unpaid wage and retirement allowance is not much significant; and (b) the sentencing conditions specified in the trial process of the instant case, including the above circumstances and the Defendant’s age, character and behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc.,