The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence of the court below (two years of suspended sentence to one year of imprisonment) is too unreasonable.

2. Considering the fact that the total amount of wages and retirement allowances payable to 12 workers exceeds 130 million won, which is the larger amount, and that the above workers did not reach an agreement with the above workers up to the trial, and that actual damage recovery has not been achieved, the criminal liability of the defendant is not less appropriate. However, the defendant's confession and reflects each of the of the crimes in this case, is not planned, but is presumed to have been endeavored for the recovery of damage during the past, there is no history of punishment for the same crime in the past, there is no history of punishment exceeding fines, and there is no history of punishment exceeding fines, and all other circumstances that are conditions for the sentencing, such as the defendant's age, character, character, environment, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the aforementioned paragraph (2));