The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment and three years of suspended execution) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Of the facts charged in this case, the defendant did not pay wages and retirement allowances to the above workers within 14 days from the date of each retirement, and the crime of violation of the Labor Standards Act against workers E, W, Y, U,O, T, M, F, and AD and the Act on the Guarantee of Workers' Retirement Benefits was committed, and each of the above crimes constitutes several crimes and constitutes a commercial concurrent relationship under Article 40 of the Criminal Act, and the court below judged it as a substantive concurrent crime. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1), 36(1) of the Labor Standards Act (which means the payment of unpaid wages), Article 44 Subparag. 1, and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of unpaid retirement allowances), Articles 366, 34(1), and 31(1) of the Criminal Act concerning criminal facts;

1. As to the violation of the Labor Standards Act against workers E, W, Y, U,O, T, M, F, and AD under Articles 40 and 50 of the Commercial Code and the Act on the Guarantee of Workers' Retirement Benefits, the violation of the Labor Standards Act by each worker and the violation of the Act on the Guarantee of Workers' Retirement Benefits are more severe, and the crimes are more severe.