The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. That the total amount of the determined wages and retirement allowances shall be 7,000,000 won that the nature of the crime is minor;

Although it is not possible for the defendant to be able to pay wages and retirement allowances to his/her employees, he/she was appointed to the representative director after acquiring the company, and resigned after about three months. The issue of payment of wages and retirement allowances to the employees of this case was actually occurred during the period of his/her former representative director's service, and if the defendant was temporarily employed as the representative director, the issue of payment of wages and retirement allowances occurred during the period of his/her former representative director's service, considering the financial situation of the company at the time of the company, he/she would have been able to pay the unpaid wages and retirement allowances sufficiently to his/her employees when considering the circumstances favorable to the defendant, such as the fact that there was no force of criminal punishment, in addition to the punishment imposed once due to this type of crime, the defendant's age, sexual behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is

The defendant's argument of sentencing is justified.

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 appeal by the defendant is again decided as follows.

[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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of penalty;