A defendant shall be punished by imprisonment for six months.

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

2. The judgment of the defendant is an unfavorable circumstance to the defendant, for example, that the sum of wages and retirement allowances that the defendant did not pay to 14 workers is equivalent to 2.6 million won, and that the defendant has been punished twice for the same kind of crime.

On the other hand, the defendant tried to resolve the unpaid wages, and most of the unpaid wages and retirement allowances paid to the appellate court and agreed with all 14 workers, and the fact that the defendant is against all of the crimes, etc. are recognized, are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, such as the background of the instant crime, the character, conduct, environment, and career of the Defendant, etc., the lower court’s punishment is deemed to be unreasonable and unfair. As such, the Defendant’s assertion is with merit.

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, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant facts constituting an offense, Article 44 Subparag. 1, Article 9 of the Act on the Guarantee of Retirement Benefits for each Workers, and Articles 28 and 6(1) of the Minimum Wage Act (the payment of wages below the minimum wage amount);

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. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);