Defendant shall be punished by imprisonment with prison labor for one year.

(2) the date of this judgment.

2. Determination: ① A majority of workers who did not receive wages and retirement allowances due to the instant case, and the total amount of overdue wages and retirement allowances reaches KRW 1.1 billion; ② The instant embezzlement embezzled money to be paid as insurance premiums, health insurance premiums, etc. of workers; and ③ the Defendant still did not agree with some employees until the instant case is in the disadvantage of the Defendant.

① However, the Defendant appears to have failed to pay wages and retirement allowances to workers during the closure of business due to the difficulties in the operation of the shipbuilding industry, and the fact that the Defendant did not seem to have been either planned or maliciously paid wages and retirement allowances, ② paid wages and retirement allowances to workers as substitute payments in an amount equivalent to the total of 867,168,420 won, ③ the Defendant agreed with eight workers in the lower court, ③ the Defendant agreed in full with eight workers in the lower court, and agreed additionally with the representative S and approximately 70 workers in the name of the worker, ④ the Defendant did not have any history of punishment for the same kind of crime.

Considering the above circumstances and the defendant's age, sex, career, environment, background and result of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the records and arguments, the sentence of the court below is too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the part of the judgment of the court below regarding the conviction is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Judgment to be used again] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding column of the judgment below, except for deletion of the part of “criminal records” as the second page of the judgment of the court below. As such, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.