The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The summary of the grounds for appeal is that the Defendant engaged in a model manufacturing since 2012, and the Defendant was faced with financial difficulties due to the default of clients, fraud, etc. and closed down his/her business at the end of 2013, and the Defendant was unable to pay wages and retirement allowances to his/her employees, and the Defendant was in conflict with all his/her misconducts, and the Defendant agreed with I with the largest amount of delayed payment due to his/her efforts to repay, and the Defendant actively cooperates with all employees in recovering from damages caused by substitute payments. The Defendant was punished for the same kind of crime in the past, but the Defendant was punished for a fine, and the Defendant was under his/her joint signature with his/her labor days after the closure of his/her business, and was under his/her illness due to a traffic accident after the completion of his/her business. In light of the above, the sentence (4 months of imprisonment) sentenced by the lower

2. Although the Defendant had been subject to punishment for the same kind of crime in the past, the Defendant committed the instant crime, and even if the unpaid wage due to the instant crime exceeds KRW 50,000,000, it did not change.

On the other hand, the defendant agreed with the victim I to pay the unpaid wages in installments.

In full view of the circumstances of the Defendant’s age, family relation, sex, career, environment, motive and background of the crime, circumstances after the crime, criminal experience, and detention period due to the instant case and all of the sentencing circumstances revealed in the arguments, such as the Defendant’s age, family relation, sex, career, environment, motive and circumstance of the crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for the Judgment of the Court in other words] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court in this case, as stated in each corresponding column of the judgment of the court below.