The sentence of sentence against the defendant shall be suspended.

2. Although the Defendant was in arrears with retirement allowance of 3,538,404 won for workers D due to business difficulties, the lower court’s sentence is unreasonable, considering the following factors: (a) the Defendant deposited both the amount in arrears and the interest in arrears on the date of the sentence of the lower judgment; (b) the said employee did not want to be punished by the Defendant in the first instance trial; (c) the Defendant did not have any other criminal records other than sentenced to a fine of 100,000 won due to the violation of the Punishment of Violences, etc. Act in 1987; (d) the Defendant suffered heavy responsibilities as an employer; and (e) the Defendant’s age, character and behavior, environment, family relationship, and other all the sentencing conditions shown in

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits Selection concerning facts constituting an offense;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Reasons for reversal of this case in the front);