1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (hereinafter referred to as 3,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the facts charged in this case did not pay wages and retirement allowances to workers C within 14 days from the date of retirement. Since the violation of the Labor Standards Act due to the payment of wages and the violation of the Act on Guarantee of Workers' Retirement Benefits due to the payment of retirement allowances constitutes several crimes and the violation of the Act on Guarantee of Workers' Retirement Benefits due to the payment of retirement allowances constitutes a common competition relationship under Article 40 of the Criminal Act, the court below punished the punishment for more severe crimes compared to the quality of the above crimes. However, even though the above crimes should be punished for more severe crimes compared to the above crimes, the above crimes should be deemed as a substantive competition relationship under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

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 concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the violation of the Guarantee of Workers' Retirement Benefits Act which is more severe in the course of such crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order in this case.