2. Of the judgment of the court below, a large amount of money and valuables that the defendant has not paid as to the conviction amounting to KRW 100 million (the amount stated in the criminal facts of the judgment of the court below appears to be a clerical error) is an unfavorable circumstance in sentencing.

However, in full view of the factors revealed in the arguments of this case including the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., the sentencing of the lower court is too unfasible and it is difficult for the Defendant to have exceeded the reasonable scope of discretion, and thus, the Defendant made efforts to pay unpaid money and valuables to the employees prior to and after the prosecution of this case. In addition, the money and valuables that the employees have not been paid to the employees seems to have been a total of KRW 20 million, as alleged by the Defendant, and there is no record of criminal punishment for the same kind of crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

However, the facts of the judgment below in Part 6 of the crime of the judgment below are "21,52,498 won, 189,116,711 won, 210,639,209 won, including 2,4,716,711 won and 14 retirement allowances of retired workers," in Part 6 of the crime of the judgment of the court below in Part 2 of the crime of the judgment below, "2,10,639,209 won, including 14,03,567 won, 2,4,567 won, 2,4,567 won, and 90,736,860 won, total sum of the retirement allowances of retired workers stated in the list of crimes of the attached Form 6."