Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

2. In full view of various circumstances, including the fact that the Defendant was accused of the instant crime when it was in the trial, the fact that the amount of wages and retirement allowances that the Defendant did not actually pay is smaller than the amount stated in the criminal facts, and that there was no record of punishment that the Defendant was punished in excess of the amount of fine, etc., the sentence imposed by the lower court is unreasonable.

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 and evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment below, except for adding "1. Defendant's trial statement" to the summary of the evidence, so it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 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 each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;