The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that there are many workers suffering from the judgment, and the amount of unpaid wages and retirement allowances is large, but the defendant agreed to pay all the employees the unpaid wages, retirement allowances, and interest for arrears, etc. after the decision of the judgment of the court below, and that all the crimes of this case were recognized during the trial, and that there is no criminal record for the same kind of crime, the sentence of the court below is too unreasonable.

3. Since 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 following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are identical to each corresponding column of the judgment below, except for the change of "the defendant's partial statement in court" in the summary of evidence into "the defendant's oral statement in court", and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of each sentence of imprisonment;

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

1. The sentence shall be determined as per the order, taking into account the various circumstances examined in the determination of the reasons for sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act.