The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. The majority of workers who did not receive the judgment and retirement allowances are the number of workers, the total amount of overdue wages and retirement allowances is about KRW 331 million, and the fact that the agreement with most workers is not reached is unfavorable to the defendant.

However, the defendant led to the confession of the crime of this case and reflects his mistake, and a considerable portion of the wages and retirement allowances in arrears was paid to the court for the first time, and there is room for the employees to demand the distribution in the auction procedure for the cargo vehicles owned by D Co., Ltd., and the remaining wages and retirement allowances in arrears are also paid, and the fact that the defendant has no record of punishment heavier than that of suspended execution is favorable

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the sentence of the court below is considered to be too unreasonable.

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.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

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 where retirement allowances are not paid);

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 paragraph (2) of the aforementioned Article);