The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six months of imprisonment) is too unreasonable.

2. Determination factors are the sentencing factors disadvantageous to the Defendant, such as the fact that the amount of wages and retirement allowances overduely paid by the Defendant exceeds 100 million won.

However, in full view of the factors of sentencing favorable to the Defendant, including the fact that the Defendant paid most of the overdue wages and retirement allowances, and that the Defendant agreed smoothly with the employees, the Defendant is the most supporting the wife and children, the Defendant did not have any previous record of being subject to suspension of qualifications or more, and there was no record of being sentenced to suspension of qualifications or more, etc., the lower court’s sentencing against the Defendant is 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 facts charged and the summary of the evidence recognized by the court are the same as that of each corresponding column 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 Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of each Labor Standards Act against each worker and a violation of each Act on the Guarantee of Workers' Retirement Benefits);

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. Article 62 (1) of the Criminal Act ( Taking into account factors of sentencing favorable to the defendant in the front);