The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The prosecutor of the grounds of appeal and the Defendant asserts that the sentencing of the lower court (a fine of KRW 10 million) is too minor or unreasonable.

2. According to the records, the amount of unpaid wages and retirement allowances that the defendant has to pay to workers E is deemed to have been 27,715,225 as shown in the facts charged in the instant case, and there is no evidence to acknowledge the defendant's claim for offset exceeding the above amount, and the amount of unpaid wages and retirement allowances is 5,640,000 won and the sum of the wages and retirement allowances that the defendant has to pay to workers E is 3,355,225 won.

However, in consideration of the fact that there remain money issues that have not been arranged such as debt guarantee between the defendant and the worker E, the fact that the workers might be able to receive wage claims through the above auction procedure while the auction procedure is in progress for the real estate owned by the defendant, and other circumstances leading to the defendant's occupation, age, character and conduct, etc., the sentencing of the court below seems to be significant.

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 argument is without merit.

(1) The prosecutor’s argument that the prosecutor’s appeal is without merit, but the decision of the court below is reversed and remanded again, and the order is not indicated separately in the order). The criminal facts and summary of evidence against the defendant recognized by the court are identical to the entries in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point where payment of retirement allowances is not made);

1. Commercial concurrence;