The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. In that the Defendant did not pay the total of 84,173,259 won of wages and retirement allowances of two workers until the expiration of a reasonable period from the date of his/her retirement, the liability for the relevant crime is not minor.

However, the Defendant agreed to pay two workers and the unpaid amount in the trial.

The crime of this case cannot be prosecuted against the clearly expressed will of the victim, and if the defendant agreed with the above two persons at the court below, the defendant would not be punished.

The defendant has been living in prison for a certain period of time against the defendant.

In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods), and Articles 44 Subparag. 1 and 44 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of each Labor Standards Act, between a violation of each Labor Standards Act and a violation of each Labor Standards Act of the Guarantee of Retirement Benefits for Workers, and a punishment imposed on a violation of each Labor Standards Act of which the quality of the crime is heavier

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspension of execution (the grounds for the above appeal shall be determined.