The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the lower court is too unreasonable.

2. The amount of wages and retirement allowances that the accused has not paid to workers in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits is small.

However, in light of the fact that the defendant's mistake is recognized and against the defendant, the defendant did not pay wages, etc. to workers in bad faith, but seems to have deteriorated business situation and caused the crime of this case, there are some circumstances considering the circumstances. Considering that workers received a considerable portion of the wages and retirement allowances unpaid due to the payment of substitute payment by the Korea Workers' Compensation and Welfare Service, the first offender is the defendant's age, character and behavior, environment, circumstances after the crime, etc., and other various circumstances, which are the conditions for sentencing as shown in the arguments and records and arguments, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reasons for the Judgment in Dao-written] Criminal facts and the summary of the evidence admitted by this court are the summary of the evidence in the judgment of the court below. The amended evidence list Nos. 6, which changed "1. E and D' to "each authentic statement (Evidence Nos. 6, 10) of E and D'," and the name of evidence No. 6 is the authentic statement, but the substance is the authentic statement, and thus it is changed as stated in each corresponding column of the judgment of the court below. Thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the Act on Guarantee of Workers’ Retirement Benefits.