A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The Defendant did not pay 43 workers wages and retirement allowances equivalent to KRW 2666 million, and there are circumstances in which the nature of the crime is inferior.

However, the defendant recognized all the facts charged in this case, and agreed at the court below that some workers (H, L, M, andJ) paid the overdue wages and retirement allowances of KRW 40 million,00,000 to some workers (G andK) and additionally paid the total of KRW 2,00,000 to some workers (G andK) for the first time in the trial, and it seems that the payment of overdue wages and retirement allowances to the workers in this case can be made through the distribution procedure of the voluntary auction case (the Government District Court N and the selling price were determined at KRW 3,37,378,00) on the real estate owned by the defendant, and there is no record of punishment for the same crime, and the defendant has no record of being punished for the same crime, other circumstances leading to the defendant's age, character and conduct, family relations, circumstances after the crime, and various factors leading to the sentencing conditions specified in the argument in this case, the above argument by the defendant is reasonable, as it is too unreasonable.

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. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

1. Suspension of execution is more than Article 62(1) of the Criminal Act (the favorable circumstances stated in the grounds for reversal).