The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment with prison labor for eight months) is too unreasonable;

2. In light of the following facts: (a) the delayed payment amount of the instant case is KRW 100 million in total; (b) the number of employees is six; (c) the Defendant had been punished by a fine on three occasions due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act with the same content as the instant case; (d) the employee F received dividends of KRW 22,509,402 in the distribution procedure for the Sungnam Branch Branch of Suwon District Court, and withdraws the Defendant’s wish to punish the Defendant; (e) the said distribution procedure distributed KRW 3,762,171 to the employee F; (c) the Defendant is making efforts to reimburse the employee F; (d) the Defendant is making efforts to pay wages and retirement allowances to the employees who did not receive the wages and retirement allowances; and (e) the Defendant’s health is not good.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where wages and other money are not paid) of the same Act;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;