A defendant shall be punished by imprisonment for four months.

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

2. The fact that the Defendant did not pay a certain amount of wages and retirement allowances is disadvantageous to the Defendant.

However, in light of the fact that the defendant is against himself and has endeavored to recover damage, and that there are circumstances to consider the fact that the defendant agreed with E, the circumstance that the defendant was unable to pay wages, etc., and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence of the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. Determination of the sentence as ordered by comprehensively taking account of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.