1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes committed by the Defendant is that the Defendant delayed payment of KRW 236,136,720, total amount of wages of 109 workers. The number of victimized workers and the amount of overdue wages is considerable and the nature of the relevant crime is poor, and a substitute payment was made to the victimized workers. However, in fact, there is no circumstance in which the Defendant made efforts to recover damage in the course of the instant trial, and the Defendant, even after receiving the advance payment from F Co., Ltd., did not pay wages to workers and escaped without paying them.

However, it is reasonable to view that the Defendant made confession of each of the instant crimes with no criminal history, and reflects the Defendant’s mistake in depth, and that considerable portion of the wages paid as substitute payment of KRW 213,180,770 was repaid, that the Defendant agreed with some workers in the trial of the Party, that the Defendant was detained for not less than five months in the instant case, and that each of the instant crimes appears to have occurred due to the cumulative fault caused by the depression of the shipbuilding industry while the Defendant operated the manufacturing business of vessel structure parts.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, the Criminal Procedure Act is applicable.