The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for five months.

However, this decision is delivered to the Defendants.

1. The lower court’s punishment (six months of imprisonment and two years of suspended execution) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal regarding Defendant A.

According to the records, the defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Incheon District Court on November 24, 2016 and the judgment became final and conclusive on July 11, 2017.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc., which became final and conclusive, and the crime of this case shall be sentenced to punishment for the crime of this case by taking account of equity and the case of concurrent crimes in accordance with Article 39 (1) of the Criminal Act as a single concurrent crimes relationship after Article 37 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

3. The Defendant’s judgment as to Defendant B did not specify the total amount of wages and retirement allowances that the employees did not pay to the employees due to each of the crimes in the instant case, and the crime liability is not weak because there are many damaged workers. Nevertheless, the Defendant did not agree with the majority of the victimized workers, and the fact that the Defendant did not receive a letter is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant led to the confession of each of the facts charged in the instant case and divided his mistake.

The Defendant has only been punished by a fine once prior to each of the instant crimes, and does not have the same criminal records.

The equity between judgment and judgment shall be taken into consideration at the same time as the offense of violation of the Commercial Act, etc. finalized.

Some of the unpaid wages and retirement allowances are deemed to have been paid to damaged workers.

In the past, the defendant paid part of the non-paid workers' wages to theO and G, and agreed to it smoothly with them.

In addition, various sentencing shown in the records and arguments of this case, such as the background of the crime of this case, the age, sex, environment, and circumstances after the crime.