The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the lower court (a fine of five million won) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime against the mistake when it comes to the trial, and that it appears that the Defendant was unable to pay wages due to business difficulties, etc., and that the Defendant had no record of criminal punishment for the same crime before the instant crime was committed.

However, the instant crime violates the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits because the Defendant did not pay approximately KRW 6.88 million including wages to victimized workers, and approximately KRW 16 million including retirement allowances. Considering that the violation of the Labor Standards Act due to unpaid wages, etc. and the violation of the Act on Guarantee of Workers' Retirement Benefits due to unpaid wages, etc. are directly connected to the livelihood of the employee and his/her family members, the crime is poor, and the criminal liability cannot be deemed to be less, the Defendant did not receive an employee from the victimized employee, and the Defendant was sentenced to the suspension of sentence for the violation of the Act on Guarantee of Workers' Retirement Benefits in 2013, and there was a history of having been sentenced to the suspension of sentence for the Defendant against the Act on Guarantee of Workers' Retirement Benefits in 2015 to 2018, the Defendant’s age, character and conduct, environment, motive and background leading to the crime, the means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.