The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The amount of unpaid wages and retirement benefits paid by the Defendant is not significant.

However, on January 5, 2018, workers E received a substitute payment for a considerable portion of the overdue wages and retirement allowances as a substitute payment, and agreed to receive repayment of the remaining wage claims from the defendant, and expressed the defendant's intention of not wanting to be punished in the trial.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, family relationship, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows through the new theory of change.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who violates the heavier Labor Standards Act);

1. Selection of an alternative fine for punishment;

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;