The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following facts: (a) the number of employees for whom the Defendant did not pay wages is not less than 27 and the total amount of unpaid wages is not less than 89,410,000 won; and (b) the Defendant has been subject to suspended execution once due to the same type of crime; and (c) the Defendant has been subject to punishment for a four-time fine, the need to strictly punish the Defendant is recognized.

However, in light of the fact that the defendant recognized all of the crimes of this case and reflects his mistake, that the worker is not subject to punishment by mutual agreement with all workers when the defendant was in the trial, that it is necessary to consider equity with the case where all the criminal facts stated in the judgment of the court below are judged simultaneously in accordance with Article 39(1) of the Criminal Act, and that other various sentencing conditions specified in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, are considered to be somewhat 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.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited 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 and the choice of punishment concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. As to the Defendant prior to Article 62(1) of the Criminal Act of the suspended execution