Defendant

The appeal is dismissed.

1. The court below dismissed the public prosecution against the violation of the Guarantee of Workers' Retirement Benefits Act and the violation of the Labor Standards Act as stated in Nos. 1 through 3, 5 through 21, 26 through 28, 30, and 31 of the judgment below among the facts charged in this case. The defendant appealed on the ground of unfair sentencing as to the convicted portion among the judgment below, and the prosecutor did not appeal.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,00) of the original judgment is too unreasonable.

3. The circumstances are as follows: (a) the Defendant’s mistake is deeply divided and reflected; and (b) there is no past record of criminal punishment exceeding the fine.

However, considering the fact that the unpaid wages and retirement allowances for workers reach 137 million won, the fact that the defendant was punished for the same kind of crime, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the sentence of the court below is too unreasonable.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.