The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant's unpaid wages and retirement allowances is very large, and the defendant's previous convictions are disadvantageous to the defendant.

However, the punishment of the court below is somewhat unreasonable in light of all the conditions of sentencing including the defendant's age, character and conduct, environment, and circumstances after the crime, as well as the fact that workers and workers wish not to be punished by the defendant, and there are circumstances that may be considered in the background leading to the crime of this case.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 applicable to criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 201) (which was not paid as retirement allowances)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);