The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the first instance court is too unreasonable;

2. The determination of this case is that 57 workers did not pay wages and retirement allowances exceeding a total of 30 million won, and its criminal liability is not minor.

The defendant escaped abroad for about eight years.

However, the defendant voluntarily returned to Korea and voluntarily surrenders to Korea, and all of the crimes are against himself.

There shall be no criminal records exceeding that of Dong and fine or fine.

The amount equivalent to KRW 210 million out of the unpaid wages and retirement allowances was paid as substitute payment, and the above workers did not want the punishment of the defendant by mutual agreement with 21 workers.

In addition, considering the age, character and conduct, environment, family relationship, circumstances of crime, results, and all the sentencing conditions shown in the records and pleadings, the first instance court's punishment is too unreasonable.

Defendant’s assertion is with merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court of first instance. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 112(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 8372, Apr. 11, 2007); and Articles 31 and 9 of the Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201); and

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

1. Preliminary imprisonment penalty;

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

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;