The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. The crime of this case is a case in which the defendant did not pay wages and retirement allowances to retired workers (28,650,097 won) on the part of his employee who had worked in the operating company. However, the defendant's mistake is recognized and has no record of being punished for the same crime, and there was a considerable amount of substitute payment (5,05,290 won toE, 5,05,290 won to G, 6,440 won to F), and among them, payment of substitute payment (3,00,000,000 substitute payment to E, substitute payment to F, and substitute payment to F, 4,000,000 won to F) was not reflected in the sentencing of the court below, and the defendant's age favorable to the defendant, the defendant's environment, motive, and circumstances of the crime of this case after considering the following circumstances as a whole.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Payment of each wage: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits for each worker: Article 44 subparagraph 1 of and Article 9 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime is more between the violation of the Labor Standards Act by worker and the violation of the Labor Standards Act by worker and the Guarantee of Workers' Retirement Benefits.