The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 (five million won penalty) is too unreasonable.

2. The crime of this case is acknowledged that the Defendant’s act of not paying the total amount of 28,141,822 won of wages and retirement allowances of three workers employed by the Defendant, and that the Defendant has a record of being punished once by the same kind of crime, and that wages and retirement allowances are key elements guaranteeing the basic livelihood of workers, and thus, the payment of such wages and retirement allowances is not to be made separately under the relevant Acts and subordinate statutes, unlike the case of nonperformance of obligations.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake; (b) the Defendant did not want the Defendant’s punishment under the agreement with workers E and F; and (c) the Defendant’s age, environment, family relationship; and (d) circumstances leading to each of the instant crimes; and (b) circumstances before and after the instant crime, etc., the lower court’s punishment seems to be too 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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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 for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of each alternative fine for punishment;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.