The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The punishment of the lower judgment (two million won of fine) is too unreasonable in light of the following: (a) the management becomes worse due to the increase in the price of raw materials of precious metals for reasons of appeal, such as the increase in the price of raw materials of precious metals; (b) the punishment of the lower judgment is too unreasonable.

2. In the trial of the court, the prosecutor ex officio determined the defendant's violation of the Act on the Guarantee of Workers' Retirement Benefits, and applied for changes in indictment with the addition of "Article 31 and Article 9 of the former Guarantee of Workers' Retirement Benefits Act" to the applicable provisions of the Acts, and the subject of the judgment was changed by the

Therefore, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201) (wholly amended by Act No. 10967, Jul. 25, 201); and selection of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have reached this case due to the deterioration of management, and there is no previous criminal record, and the recovery of damage is made due to reflect, and the amount of the overdue money and valuables is not much significant, and it is disadvantageous to the defendant, such as the failure to recover damage.