The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstance is that the Defendant’s total amount of unpaid wages and retirement allowances exceeds KRW 26 million and the amount of damage is not specified.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the Defendant’s mistake; (b) failure to pay wages and retirement allowances due to financial circumstances, etc. due to business depression; (c) the Defendant received a substitute payment for most of the instant overdue wages; and (d) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant crime; and (e) the circumstances leading up to the instant crime; and (e) the sentencing conditions specified in the records and arguments, such as the circumstances after the instant crime, etc., the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. 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.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of each Labor Standards Act against E, G, and F, and a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment imposed on a violation of the Guarantee of Workers' Retirement Benefits Act, the respective crimes of which are heavier);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Guarantee of Workers' Retirement Benefits Act against E with the largest penalty);

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