The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The court below dismissed the prosecution against the violation of the Labor Standards Act by 86 employees including C and the violation of the Workers' Retirement Benefit Security Act among the facts charged in the instant case, and convicted the remainder of the charges.

However, since only the defendant appealed against the conviction of the judgment below, and the dismissal part of the prosecution was not appealed by both the defendant and the prosecutor, and the dismissal part of the judgment below became final and conclusive, only the guilty part of the judgment below is subject to the judgment of this court.

2. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. The circumstances are that the number of employees who did not receive wages and retirement allowances from the Defendant is up to 68, the number of employees in arrears is about 1 billion won, the number of employees in arrears is about 1 billion won, the total amount of damages is not fully recovered, and a large number of employees still want to punish the Defendant, and the suspension of indictment is two times against the violation of the Labor Standards Act, which are disadvantageous to the Defendant.

However, there is room to take into account the circumstances of the defendant's act of crime, the fact that the defendant recognized the defendant's act of crime, the fact that the operation of the hospital was difficult due to the depression of the financial crisis, and there is some room for considering the situation. A substitute payment exceeding 400 million won was made to the above 68 workers. A substitute payment was made to the above 68 workers, and the above 265 million won was sold and distributed to the above hospital, and the recovery of considerable damage was made due to the fact that the above 265 million won was distributed, and the above workers did not want the punishment of the defendant, and there was no record of criminal punishment exceeding the fine, etc. were expressed in the arguments of this case, such as the circumstances favorable to the defendant, such as the defendant's age, sex, family environment, home environment, the motive and background of the crime, the means and consequence of the crime, and