The sentence of sentence against the defendant shall be suspended.

2. Considering the circumstances favorable to the defendant, such as the fact that the defendant did not have any record of punishment for the same kind of crime, and that the defendant remitted the amount equivalent to the accrued wages and retirement allowances to D when the judgment was rendered, the punishment imposed by the court below is somewhat unreasonable in light of the circumstances that lead to the crime of this case, including the motive and background leading up to the crime, the circumstances before and after the crime of this case, the defendant's age, character and behavior, character, environment, occupation, family relation, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited 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 concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. A fine of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act ( normal consideration of the defendant favorable to the previous one);