All appeals by prosecutors are dismissed.

A. The Defendant (which is in violation of the respective Labor Standards Act) committed an act of transferring a company’s property to a workers’ organization in order to preserve the employees’ wages and retirement allowances when the Defendant was faced with the financial crisis, and the value of the company’s property was set up to a workers’ organization. Although an AI, the representative of a workers’ organization, arbitrarily disposes of the unpaid wages and retirement allowances, it would be appropriated to only part of the amount to the employees’ wages and retirement allowances, and most of the amount would be paid to the employees’ wages and retirement allowances, and the Defendant’s wages and retirement allowances could not be paid. Thus, the Defendant’s employee’s liability for wages and retirement allowances should be avoided. (2) The Defendant’s employee’s wages and retirement allowances paid to the employees should be excluded from the delayed payment of the retirement allowances of this case. Therefore, the lower court’s imprisonment without considering this point (two years of suspended execution for one year) is too unreasonable.

B. On June 29, 2010, a public prosecutor's assertion of misunderstanding of facts (the crime of breach of trust) stated in the asset transfer agreement that "transfer of company assets including SHET FILE", and AI, as a representative of workers, seems to have known that the instant SHET FILE was provided as a collateral for transfer to AS. However, if the instant SHET FILE, which had known that the AI provided as a collateral except materials provided as collateral in another place, was included in the details of transfer, it can be deemed that the parties' intent was included in only the transfer of assets that did not have any problem after the transfer, and AI carried out the instant SHET FILE to the construction site on or around June 29, 2010.