The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year of suspended sentence for four months of imprisonment) is too unreasonable.

2. The Defendant’s delayed payment of KRW 24,410,440 in total to five workers, and the Defendant’s failure to reach an agreement with the above workers up to now is disadvantageous to the Defendant.

However, on February 15, 2013, when considering all the circumstances, such as the circumstances favorable to the defendant, the character, character and environment and environment of the defendant, the background and result of each of the crimes of this case, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, it is recognized that the punishment of the court below is somewhat unreasonable, since the defendant's assertion is inappropriate, since it is recognized that the defendant's above assertion is somewhat unreasonable, considering the following circumstances: (a) the defendant was sentenced to a three-time fine for violating the Labor Standards Act (the same case, the case does not seem to have been paid to the employees of the Co., Ltd) by mutual agreement with the employees other than the above five, among the 23 workers who were initially prosecuted by the court below; (b) the defendant was sentenced to a three-time fine due to the violation of the Labor Standards Act.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

2. The first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code is the most serious punishment for concurrent crimes.