The prosecutor's appeal is dismissed.

1. Of the facts charged in this case against the defendant, the court below dismissed the public prosecution as to the violation of the Labor Standards Act as to each worker as stated in the attached Table Nos. 1, 2, 10, 12, 14, 15, 16, 22, 23, 24, 29, 30, 32, 33, 35, 36, 37, 40, 42, 43, 48, 48, and 1,2, 22, 32, 32, 32, 33, 48, and 51 as to the violation of the Act on the Guarantee of Workers' Retirement Benefits against each worker as stated in the attached Table No. 1, 2, 10, 12, 14, 16, 23, 24, 30, 32, 332, 32, 48, and 41.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. In light of the fact that the sum of the unpaid wages and retirement allowances in arrears with a large amount of KRW 176 million in total and no effort has been made to liquidate the unpaid wages, etc., even though the court below did not peeped, it is unreasonable to suspend the sentence of imprisonment with prison labor for six months for the defendant, even though the court below did not have any effort to liquidate the unpaid wages, etc.

3. In light of the above circumstances asserted by the prosecutor as the grounds for sentencing unfavorable to the trial in the court below, the court below’s determination of punishment seems to have already been made in full consideration of the above circumstances, and there are some other circumstances that may be taken into account in light of the circumstance that the defendant was unable to pay the wages and retirement allowances of workers while recognizing the facts of the crime in this case, and there are other factors such as the defendant’s age, character and behavior, environment, circumstances of the crime, circumstances after the crime, and circumstances after the crime, the court below’s determination of punishment cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafford.

4. Conclusion, prosecutor.