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The prosecutor's appeal is dismissed.
Reasons
1. The instant crime committed on the grounds of appeal is related to the livelihood of the employee and his/her family members, and the sum of the Defendant’s overdue wages and retirement allowances exceeds KRW 200,000,000, and it is not good to commit the instant crime, taking into account the fact that the Defendant’s overdue wages
However, in light of the following circumstances: (a) the Defendant delayed payment of wages and retirement allowances due to the aggravation of business management of the company; (b) there are extenuating circumstances to consider the circumstances leading up to the instant crime; (c) the Defendant recognized the instant crime and reflects in depth; (d) the employees M and F did not want the punishment of the Defendant; and (e) the Defendant made considerable efforts to pay unpaid wages by mutual agreement with the employees M and F; and (e) the Defendant’s payment of substitute payments, etc. to the trial after the instant crime; and (c) appears to have been considerably recovered from the damages of the employees through the payment of reasonable damages to the employees; and (d) other factors such as the motive and circumstance leading up to the instant crime; (e) the circumstances leading up to the instant crime; (e) the Defendant’s age, character and conduct; and occupation; and (e) various sentencing conditions indicated in the records, such as imprisonment, etc., the Prosecutor’s assertion that the Defendant’s allegation disputing this cannot be accepted.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.