The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

A. Defendant 1) misunderstanding or misunderstanding of the legal principles (violation of the Labor Standards Act, violation of the Guarantee of Workers’ Retirement Benefits Act, and fraud) made every effort to prevent delayed payment of wages even though the financial status has deteriorated due to the failure to pay wages to the company operated. After the delayed payment of wages, there was an inevitable circumstance in which wages and retirement allowances could not be paid within the due date, as it did not make every effort to prevent delayed payment of wages.

Unlike the promise to lend KRW 200 million to the defendant, the defendant was subject to the rescission of the R construction contract and was unable to pay the installment of the vehicle.

The defendant has the intention and ability to pay the installment loan, so there is no intention to acquire it by fraud.

2) Improper sentencing

B. Prosecutor 1) The lower court acquitted the Defendant of this part of the lower judgment, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant’s act of offering and delivering a vehicle to F as security without permission of the victimized company by the party whose right was the lower court.

2) Improper sentencing

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant’s violation of the Labor Standards Act, violation of the Labor Standards Act, Article 109 and Article 36 of the Labor Standards Act, and the obligation to pay wages and retirement allowances as set forth in Articles 44 subparag. 1 and 9 of the Act on Guarantee of Wages and Retirement Benefits for Workers, shall be exempted from liability only on the sole basis of the fact that the employer was unable to pay the wages and retirement allowances within the payment period, even though the employer made his best efforts to pay them, in extenuating circumstances such as financial difficulties caused by the failure of management, etc. are recognized in light of social norms.

According to the records, from around 2009, the defendant operated the company from around 2009.