The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

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

2. The crime of this case is recognized as not paying KRW 26,864,00 in total, seven workers employed by the defendant himself/herself, and the case is not less and less, and the payment of wages and retirement allowances is a key element that guarantees the basic life of workers, and thus, it is not paid, unlike the case of nonperformance of ordinary obligations, that the relevant laws and regulations separately punish them.

However, in light of the fact that the Defendant recognized the entire crime of this case in the trial of the party, and thereby reflects his mistake, that employees G received dividends of KRW 8,682,593 in the trial of the party, that there is no criminal record of the Defendant, and that there is no criminal record of the Defendant’s age, environment, family relationship, circumstances leading to each of the crimes of this case, and other circumstances that are conditions for sentencing indicated in the record, such as the circumstances before and after the commission of the crime, the lower court’s punishment seems to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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