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 lower court rendered a judgment dismissing the prosecution as to the violation of the Act on the Guarantee of Workers' Retirement Benefits against B, C, D, E, F, and G among the facts charged in the instant case, and against B, and C, and convicted the remainder of the facts charged.

However, since the defendant appealed only to the guilty portion of the judgment below, the dismissal of prosecution became final and conclusive as it is.

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

2. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (six million won of a fine) is too unreasonable.

3. The fact that the judgment defendant's delayed payment of wages and retirement allowances is not sufficient is unfavorable.

However, in full view of the various circumstances, such as the fact that the Defendant confessions and reflects, the fact that the substitute payment was made to J and K, the fact that the J received additional reimbursement of approximately KRW 5,300,000 in the auction procedure after the decision of the court below, and the developments leading up to the occurrence of the instant case, the sentence sentenced by the court below is unreasonable.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Subparagraph 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the fact that a worker J and K is in arrears with a retirement allowance to K), Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act on the commercial concurrence (it shall be between a violation of the Act on the Guarantee of Workers' Retirement Benefits to K and a violation of the Labor Standards Act);

1. Selection of penalty;