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, as a representative of C in both weeks, is an employer who employs eight full-time workers and operates textile salting business.

1. The Defendant violated the Labor Standards Act from March 5, 2017 to the same year.

7. A total of 96,83,067 won, including 500,000 won of wages of June 6, 2017 and 2,000,000,000 won of wages of July 1, 2017 and 1,500,000 won, which had worked by up to 18.17, was not paid respectively within 14 days from each retirement date, without any agreement on extension of payment date between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 2,485,854 of the E retirement benefits, which he/she worked from September 1, 2016 to September 6, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, H, I, J, E, or K;

1. Each written petition for L or M;

1. Application of statutes to the details of the settlement of benefits, a statement of transactions by account, average wages, and a statement of calculation of retirement allowances;

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 Workers' Retirement Benefits Act (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

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

1. Punishment by law: Imprisonment with prison labor for not more than four years and not more than six months;

2. There is no basic area (six months to one year) (one year) of the sentencing criteria for the application of the sentencing criteria [the scope of the recommended punishment] and unpaid wages, etc. (the amount shall be at least five million won, and less than one hundred million won).

3. Determination of sentence: The wage and retirement allowance in arrears with 8 months of imprisonment and 2 years of suspended execution are higher than 100 million won, but not yet liquidated up to now, and the worker's wishing to be punished against the defendant is disadvantageous.

The defendant shall have the same power and power.