The judgment below

The guilty portion shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. Of the facts charged in the instant case, the lower court sentenced a fine of KRW 3,00,00 to the victim J, L, and M, and the violation of the Labor Standards Act for Workers’ Retirement Benefit Security Act, and dismissed the public prosecution against the violation of the Labor Standards Act for Victims C, D, E, F, and G, and the violation of the Workers’ Retirement Benefit Security Act among the facts charged in the instant case. The Defendant filed an appeal only against the guilty portion of the lower judgment, and thus, the scope of the judgment for each trial is limited to the convicted portion of the lower judgment.

2. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

3. That the number of employees who have not received the judgment or retirement pay is not less than three, and that the amount of unpaid wages and retirement pay is about 10,300,000 won, is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant's failure to commit the crime of this case led to the occurrence of the crime of this case due to the failure of the company operated by the defendant, and there is a circumstance to consider the circumstances, and the defendant seems to be less likely to repeat the crime.

The Defendant has cooperated with workers to receive wages in arrears as the top priority through the auction of company’s assets by voluntarily preparing a payment letter to workers. As a result, all workers received unpaid wages or retirement allowances.

For the first time, workers L, M and the original agreement do not want to punish the above workers against the defendant.

There is no history of punishment except for two fines.

In addition, if a comprehensive consideration of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc. is given, the court below's punishment is somewhat unreasonable, and the defendant's assertion is justified.

3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is in accordance with Article 364 (6) of the Criminal Procedure Act.