The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence of the lower court (two years of suspended sentence to one year of imprisonment, and eight hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. Determination is recognized that the Defendant, for a long time, delayed payment of wages and retirement allowances to a large number of workers, and the total amount of wages and retirement allowances in arrears exceeds KRW 200 million; the Defendant committed each of the instant crimes despite having the same criminal record; and that the Defendant requires strict punishment for such crimes in light of the legislative intent of the Labor Standards Act to guarantee the basic livelihood of workers.

However, in full view of the fact that the defendant is against the crime of this case, there is no record of crime exceeding the fine, the defendant's operating company deposited an embankment to revoke the execution of provisional seizure against real estate of victimized workers, and the fact that some workers have received substitute payments from the Labor Welfare Corporation, the defendant has paid the unpaid wages, etc. to some workers at the time of the trial, and other circumstances that form the conditions for sentencing, such as the defendant's age, sex, conduct, environment, family relationship, motive and circumstance of the crime, means and result of the crime, etc., the court below's punishment is too too unreasonable, and the defendant's assertion is reasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits of respective Workers (which refers to the payment of retirement wages).