The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Although there are extenuating circumstances against the Defendant, such as the fact that the amount of wages and retirement allowances in arrears with the judgment is not much significant, the sentence imposed by the lower court is somewhat unreasonable, taking full account of the following: (a) the Defendant was found to be erroneous by the lower court; (b) the Defendant’s payment of retirement allowances to employees E; (c) the Defendant was somewhat taken into account the circumstances leading to each of the instant crimes; (d) there was no record of criminal punishment for the same crime; and (e) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence, and all of the sentencing factors indicated in the instant pleadings, such as the circumstances after the crime.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except where the first instance court’s “written statement of the defendant” in the summary of the evidence is “written statement of the defendant at the trial” as “written statement of the defendant at the trial,” and thus, it is identical to each corresponding column of the judgment below.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;