The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The Defendant is the first offender, and the charges of this case are recognized, and his mistake is divided.

At the time when the defendant was appointed as the representative director on January 10, 2014, the company's business was still difficult due to criminal acts such as illegal loans by the former executive officers.

It seems that some of the employees' unpaid wages and retirement allowances have been paid to the company's bankruptcy foundation, and it is expected that the employees' unpaid wages and retirement allowances will be paid in the future.

On the other hand, the following facts are disadvantageous to the defendant.

The defendant's total amount of wages and retirement allowances payable to workers due to each of the crimes in this case is large, and there is a large number of damaged workers, and the crime is not less complicated.

However, the Defendant did not endeavor to recover the damage of the victimized workers, and did not receive a letter from the victimized workers.

In addition, in full view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Act on the Standard Labor Standards for Criminal Fact-finding, and Article 44 subparag. 1 of the Act on the Guarantee of Retirement of Workers.