Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. In full view of the following circumstances: (a) the Defendant did not have the same criminal records for the judgment; (b) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; and (c) the Defendant appears to have been paid most of the money in arrears to the retired workers through the auction procedure; and (d) the Defendant’s age, character and conduct, environment, background leading to the instant case; (b) circumstances leading to the instant case; and (c) the sentencing conditions specified in the instant argument, the sentence imposed by the lower court against the Defendant is somewhat unreasonable; and (d) the Defendant’s allegation is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 31 (wholly amended by Act No. 10967, Jul. 25, 201) and 9 of the former Guarantee of Workers' Retirement Benefits Act, and the choice of fines for each crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As examined in the grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act, the provisional payment order is examined.

It is so decided as per Disposition for the above reasons.